Legal advice

LAW ON INFORMATION SOCIETY SERVICES (LSSI)

ASTHOR AGRÍCOLA SA, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with the aim of complying with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website about the terms of use.

Any person who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other applicable legal provision.

ASTHOR AGRÍCOLA SA. 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 such obligations, being understood as sufficient with the publication on the website of ASTHOR AGRÍCOLA SA.

1. IDENTIFICATION DATA

Company name: ASTHOR AGRÍCOLA SA
Trade name: ASTHOR
CIF: A33057936
Address: C/María González La Pondala 41 33393 Gijón Asturias
e-mail: invernaderos@asthor.com

2. PURPOSE

Through the Website, we offer Users the possibility to access information about our services.

3. PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or services, Users will guarantee their truthfulness, accuracy, authenticity, and validity. The company will give such data the automated processing that corresponds according to its nature or purpose, under the terms indicated in the Privacy Policy section.

4. 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, trademarks, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the content and/or any other elements inserted on the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any kind of waiver, transmission, license, or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, HR, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its Content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by the company or the third-party holder of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes and , in general, any intellectual creation existing on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company owns 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 authorization for the use of such 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 by any means, unless prior written authorization is obtained from the aforementioned Entity.

It is also prohibited to remove, circumvent and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may be contained in the content. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could harm them, with the company reserving in any case the right to exercise any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User undertakes to:

  1. Make 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 Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
  2. Provide all the means and technical requirements needed to access the Website.
  3. Provide truthful information when filling in their personal data in the 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 for any damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. Making unauthorized 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 that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
  2. Accessing or attempting to access resources or restricted areas of the Website, without meeting 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 spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical 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 authorized by the holder of the corresponding rights or it is legally permitted.
  7. Removing, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the contents, as well as 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, as the case may be, made available for this purpose or expressly indicated on the web pages where the contents are found or, in general, those that are commonly 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 and not 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, disparages or undermines the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation. • Induces, incites or promotes criminal, denigratory, defamatory, violent actions or, in general, contrary to the law, morals, generally accepted good customs or public order. • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition. • Incorporates, makes available or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages and/or services or, in general, contrary to the law, morals and generally accepted good customs or public order. • Induces or may induce an unacceptable state of anxiety or fear. • Induces or incites to engage in dangerous, risky or harmful practices for health and psychic balance. • Is protected by intellectual or industrial protection legislation belonging to the company or third parties without having been authorized for the use intended to be made. • Is contrary to honor, personal and family privacy or the self-image of persons. • Constitutes any type of advertising. • Includes any type of virus or program that prevents the normal functioning of the Website.

If to access some of the services and/or contents of the Website, a password is provided, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, either temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify the company of any event that may imply improper use of your password, such as, by way of example, its theft, loss, or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as the above notification is not made, the company will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illicit use of the contents and/or services of the Website by any illegitimate third party. If you negligently or willfully breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from such breach for the company.

6. RESPONSIBILITIES

Continuous access, correct viewing, downloading, or usefulness of the elements and information contained on the website are not guaranteed, as they may be prevented, hindered, or interrupted by factors or circumstances beyond its control. No responsibility is assumed for decisions that may be made as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that use of the Website, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims, or expenses derived from the use of the Website.

We will only be responsible for removing, as soon as possible, content that may cause such damages, provided that this is notified. In particular, we will not be responsible for 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. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or others.
  3. Improper or inappropriate use of the Website.
  4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The website administrator reserves the right to withdraw, totally or partially, any content or information present on the Website.

The company excludes any liability for damages of any kind that may be due to the improper use of the freely available and use services by the Users of the Website. Likewise, it is exonerated from any responsibility for the content and information that may be received as a result of data collection forms, being these only for the provision of consultation and inquiry services. On the other hand, in case of causing damages due to illicit or incorrect use of such services, the User may be claimed for the damages caused.

You will hold the company harmless from any damages arising from claims, actions, or demands of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify for any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Website.

7. HYPERLINKS

The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the Website, as well as any of its contents, unless expressly authorized in writing by the file manager.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it place itself in a position of guarantor or party offering 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 main page of the Website exclusively for private and 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 authorized, nor include trademarks, denominations, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites 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 main page; (iv) 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. The company may request, at any time, that any link to the Website be removed, after which it must be removed immediately.

The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.

8. DATA PROTECTION

To use some of the Services, the User must previously provide certain personal data. The company will process these data automatically and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Website, in order to recognize you as a frequent User and personalize the use you make of the Website by preselecting your language, or more desired or specific content.

Cookies collect the user’s IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser, by means of a Web server, to record the User’s navigation on the Website, when the User allows their reception. If you wish, you can configure your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser’s instructions and manuals for more information.

Thanks to cookies, it is possible to recognize the browser of the computer used by the User in order to facilitate content and offer the browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control progress and number of entries.

10. STATEMENTS AND WARRANTIES

In general, the content and services offered on the Website are for informational purposes only. Therefore, by offering them, no warranty or representation is given in relation to the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company will not be responsible at all in case of impossibility to provide service, if this is due to prolonged interruptions of 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 fortuitous event.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the Website Responsible.

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 nullity will not make these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.