GENERAL CONDITIONS OF USE AND LEGAL NOTICES EXPLORÚSTIC EMPORDÀ SL
The Website www.terraremota.com (hereinafter, the “Website“) is owned by EXPLORÚSTIC EMPORDÀ SL hereinafter Responsible for the File CIF: B17698515, Els Tallats km6 – Capmany road GI 602 17751 – Sant Climent Sescebes, Girona is the owner of www.terraremota.com. Attention to the User: +34 972.193.727 OR Email: firstname.lastname@example.org.
With the intention to meet the criteria of transparency, clarity and simplicity of the Website, www.terraremota.com recommends the User that any suggestion, doubt or query about the General Conditions of Use can be made by contacting www.terraremota.com through Tel :: +34 972.193.727 or by e-mail address: www.terraremota.com
www.terraremota.com 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 “Basic information on protection of data“). Access to this website or its use in any way gives you the qualification of User and implies the acceptance of each and every one of these Conditions of Use, reserving www.terraremota.com the right to modify them at any time. Consequently, it will be the responsibility of every user the careful reading of the General Conditions of Use in force on each of the occasions that access this website, so that, if he does not agree with any of the same here provided, must abstain with respect to the use of this Website.
Likewise, you are warned that, on occasion, special conditions may be established for the use of specific contents and / or services on the Website, the use of said contents or services will imply the acceptance of the specific conditions specified therein.
It is important, in accordance with the recent European Regulation on Data Protection EU REGULATION 2016/679 of the PARLIAMENT and the EUROPEAN COUNCIL that tries to preserve the confidentiality and security of your personal data, that you read on this or other web pages where you leave your data. Basic information. You must also know that the fact of leaving your data does not attribute, or confirm, or nullify, or legitimize, or perfect any contractual relationship with our company.
Winery tour and wine tasting – with prior reservation
Picnic lunch among vineyards with local products – reservation required
- INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and accepts that all content displayed on the website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any of the signs susceptible of industrial and / or commercial use are subject to intellectual property rights and all trademarks, trade names or distinctive signs, all rights of intellectual and industrial property, content and / or any other elements inserted in the page, are exclusive property of a www.terraremota.com and / or third parties, who have the exclusive right to use them of trade. Therefore, the User agrees not to reproduce, copy, distribute, make available or any other way to publicly communicate, transform or modify such content, keeping the www.terraremota.com arising of any claim from the breach of such obligations. In no case does access to the website imply any type of waiver, transmission, license or total or partial session of said rights, unless expressly stated otherwise. The present General Conditions of Use of this Website do not confer on the Users any other type of right of use, exploitation, alteration, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any of the rights will be subject to the prior and express authorization specifically granted for that purpose by a www.terraremota.com or the third owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as rights of copyright by the legislation on intellectual property www.terraremota.com navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the aforementioned Entity.
Likewise, it is prohibited to suppress, evade or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights enunciated and to avoid any action that could harm them, reserving in any case to www.terraremota.com whatever the exercise of means or legal actions correspond to him in defense of his legitimate rights of intellectual and industrial property.
- OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SITE
The User agrees to:
- Make an appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (I) the applicable legislation at all times; (II) the General Conditions of the Website; (III) morality and generally accepted good practices and (IV) public order.
- Provide all the means and technical requirements that are required to access the Website.
- Provide truthful information by completing the forms contained on the Website with your personal data and keeping them updated at all times so that it responds, 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 terraremota.com or third parties for the information you provide.
Notwithstanding, what is established in the previous section, the User must also refrain from:
- Making unauthorized or fraudulent use of the Website and / or the content for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
- Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
- Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
- Introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems ofterraremota.com, its suppliers or third parties.
- Try to access, use and / or manipulate the data ofterraremota.com, third-party providers and other Users.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
- Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of terraremota.com or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
- Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated in the web pages where the contents are found or, in general, from those that are usually used on the Internet because they do not involve a risk of damage or disablement of the Website and / or the contents.
- In particular, and merely indicative and not exhaustive, 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, disparages or violates the fundamental rights and public freedoms recognized constitutionally, in the International Treaties and in the rest of the current legislation.
- Induce, incite or promote criminal, slanderous, defamatory, violent or, in general, contrary to the law, morals, generally accepted good practices or public order.
- Induce, incite or promote discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or condition.
- Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order .
- Induces or may induce an unacceptable state of anxiety or fear.
- Induce or incite to engage in dangerous, risky or harmful practices for health and psychic balance.
- It is protected by the legislation on intellectual or industrial protection pertaining to terraremota.com or to third parties without having authorized the intended use.
- Goes against the honour, personal and family privacy or the image of individuals.
- Constitute any type of advertising.
- Include any type of virus or program that prevents the normal operation of the Website.
When accessing some of the services and / or contents of the Website, you will be provided with a password, which you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by third parties. Likewise, it is obliged to notify www.terraremota.com of any fact that may imply an improper use of its password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as it does not make the previous notification to www.terraremota.com will be exempt from any liability that may arise from the improper use of your password, being of your responsibility any illegal use of the contents and / or services of the Website by any illegitimate third party.
If negligently or intentionally fails to comply with any of the obligations set forth in these General Conditions of Use, it will be liable for all damages and losses that may arise from said non-compliance. www.terraremota.com
The user undertakes not to reproduce in any way, even through a hyperlink or hyperlink, the website www.terraremota.com as well as any of its contents, unless expressly authorized in writing.
The website of www.terraremota.com does not normally include links to other websites managed by third parties, but if it did so and in order to facilitate the User’s access to the information of collaborating and / or sponsoring entities www.terraremota.com no is responsible for the content of these websites, nor is placed in a position of guarantor or party offering the services and / or information that may be offered to third parties through the links of third parties.
The user is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) can not imply that www.terraremota.com recommends this website or its services or products; (ii) may not falsify their relationship with www.terraremota.com nor affirm that www.terraremota.com has authorized such link, nor include brands, denominations, trade names, logos or other distinctive signs of www.terraremota.com; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. www.terraremota.com may request, at any time, that you remove any link to the Website, after which you must proceed immediately to its removal www.terraremota.com can not control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, www.terraremota.com does not assume any responsibility for any aspect related to such websites.
www.terraremota.com reserves the right to use the technology “cookie” on the Website, in order to recognize it as a frequent user and customize the use made of the Website through the pre-selection of its language, or more desired or specific. The “cookies” used by the Website, or the third party acting on your behalf, are associated only with an anonymous user and your computer, and do not provide the user’s personal data.
The cookies used are the following: Own cookies, Google Analytics, Google Adwords.
Cookies are files sent to a browser through a Web server to record the User’s navigation on the Website, when the User allows their reception. At the same time you can delete the “cookies” for which you should consult the instructions for using your browser.
Thanks to cookies, it is possible that www.terraremota.com recognize the browser of the computer used by the user in order to provide content and offer navigation or advertising preferences that the user, the demographic profiles of users as well as to measure visits and traffic parameters, control the progress and number of entries.
You can remove or block cookies using your browser options, but in some cases, this may affect your ability to use www.terraremota.com
www.terraremota.com does not guarantee the continued access, nor the correct visualization, download or use of the elements and information contained in the pages of www.terraremota.com, which may be impeded, hindered or interrupted by factors or circumstances that are out of your control.
www.terraremota.com is not responsible for the decisions that may be adopted as a result of access to the content or information offered.
www.terraremota.com may interrupt the service or immediately resolve the relationship with the User if it detects a use of its Website or any of the services offered in it are contrary to these General Conditions of Use.
It is not done responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be liable for damages that may arise, inter alia, from:
- 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 for any other cause beyond the control of terraremota.com
- Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
- Improper or inappropriate abuse of the Website.
- Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The administrators of terraremota.com reserve the right to withdraw, totally or partially, any content or information present on the Website.
- terraremota.com excludes any liability for damages of any kind that could be due to the misuse of the services freely available and used by the Users of the Website.
Also, www.terraremota.com is exempt 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 consultation services and questions. On the other hand, in case of causing damages for an unlawful or incorrect use of said services, the user may be claimed by www.terraremota.com for any damages or losses caused.
You will defend, indemnify and maintain the www.terraremota.com liable for any damages arising from claims, actions or claims of third parties as a result of your access or use of the Website. Likewise, you to indemnify agreewww.terraremota.com against any damages arising from the use by you of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
- DATA PROTECTION
To use some of the Services, Users must previously provide certain personal data. To this end, EXPLORÚSTIC EMPORDÀ SL will automatically process personal data in accordance with and in compliance with Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, regarding the protection of natural persons in the regarding the processing of personal data and the free circulation of these data. For this, the User can access the policy followed in the processing of personal data, as well as the establishment of previously established purposes, to the provisions of the conditions defined in the Privacy and Data Protection Policy presented by the Website. .
You can always exercise your rights that assist you by law of access, rectification, cancellation and opposition, in addition to the right limitation and the portability of a free form. To do this, you must provide yourself or through a legally authorized person with the following documents to the File Manager with the necessary data:
– Photocopy ID
– Identification and sufficient representation.
– Explanation and object of the claim.
– Address for sending communications, or email, to get in touch with you as soon as possible.
Rights: You can always exercise your rights that assist you by law of access, rectification, cancellation and opposition, in addition to the right limitation and the portability of a free form. To do this, you must provide yourself or through a legally authorized person with the following documents to the File Manager with the necessary data:
– Photocopy ID
– Identification and sufficient representation.
– Explanation and object of the claim.
– Address for sending communications, or email, to get in touch with you as soon as possible.
Purpose: Manage services related to the production and marketing of wine.
Legitimation: consent, contractual relationship, negotiation on the part of the interested party.
Legal basis: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of such data.Law 34/2002, of July 11, on services of the information society and electronic commerce. Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users Revision in effect from June 12, 2018
Recipients: Data will not be transferred, except by legal imperative.
Duration: We will keep the data for 3 years, or as prescribed in the different regulations.
Minors: Our services are aimed at people with ability to act and of all ages, so we understand that they have the authorization and consent of their parents, guardians or legal representatives. It will be under their responsibility the use of the same either by negligence or by fault in vigilance, being able to generate an extracontractual responsibility.
Treatments: We inform you that our company does not perform automated treatments that violate the privacy or fundamental rights of people, nor seek profiles that are enriched with other databases beyond your knowledge or consent
Additional information: You may at any time request additional information and complementary to the basic information about your personal data (“second layer“), in the same electronic address that we provide you in order to exercise your rights.
- CODE OF CONDUCT
www.terraremota.com is committed to what content of the services offered should not:
1 – Induce or promote sexual, racial or religious discrimination or any other violation of fundamental rights and public freedoms recognized by the Spanish Constitution and the rest of the legal system.
2 – Induce or incite to act illegally.
3 – Lead to erroneous conclusions as a result of their inaccuracy, ambiguity, exaggeration, omission or similar.
4 – Induce an unacceptable state of anxiety or fear, or exploit or exploit the economic, work or personal needs of the calling user.
5 – Induce or incite any person to engage in risky or dangerous practices that threaten health or psychological balance.
6 – Infringing the legal norms or regulations on the secrecy of communications, intellectual property, right to honor and personal or family privacy, or any other provision applicable to the nature of the service.
7 – Contain false or expired information.
8 – Services that incorporate requests for personal information or personal data, including name, address or other information, with such consideration of the landline or mobile number, must be adequate, relevant and not excessive in relation to the purpose for the that are collected.
- DURATION AND TERMINATION
The provision of the service of this Website and the other services have in principle an indefinite duration. However, www.terraremota.com may terminate or suspend any of the services of the portal. When it is possible, www.terraremota.com will announce the termination or suspension of the provision of the determined service.
- DECLARATIONS AND WARRANTIES
In general, the contents and services offered on the Website are purely informative. Therefore, by offering them, www.terraremota.com does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, accuracy, or merchantability. , except to the extent that by law can not exclude such statements and guarantees
- FORCE MAJEURE
www.terraremota.com will not be responsible in all cases of failure to provide service, if this is due to prolonged interruptions of power supply, lines telecommunications, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
- RESOLUTION OF CONTROVERSIES. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as the use of the Website, will be governed expressly by Spanish legislation, in the field of private international law. Any dispute will be resolved before the Courts of Figueres, except that some law or international treaty will act as a special law.
In the event that any provision of these General Conditions is unenforceable or void by virtue of the applicable law or as a consequence of a judicial or administrative decision, said unenforceability or nullity will not cause these General Conditions to be unenforceable or void as a whole . In such cases, it will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieve the objective and claim reflected in the original stipulation.