Please read this legal notice carefully. By accessing, viewing and in any other way using this Website, creating a user account, and/or placing an order with Apparatu WK S.L. (hereinafter ‘Apparatu’), or providing us with your personal data, you unconditionally, fully and expressly agree to all of the terms and conditions set out herein.
If you (the ‘User’, ‘User purchaser’, ‘Customer’, or ‘You’) do not agree with these terms and conditions, please do not use the website, purchase products or services from Apparatu, or complete any registration processes and/or electronic purchasing available on this site.
1. COMPANY IDENTIFICATION
Pursuant to Article 22 of Law 34/2002 of 11 July 2002 on Information Society and E-Commerce Services, we inform you about the conditions of access and use and general information on http://www.apparatu.com (the ‘Website’):
• Owner: APPARATU WK S.L.
• Company tax code: B-66180860
• Registered Office: Passeig de la Riera 222, Nau A, 08191 Rubí (Spain)
• Email: firstname.lastname@example.org
• Tel: +34 936 750 105
• Registry details: Registered in the Mercantile Registry of Barcelona, volume 44110, page 140, sheet 447241, 1st entry.
2. CONDITIONS OF ACCESS AND WEBSITE USE
2.1. WEB ACCESS, CONTENT, MATERIALS, SERVICES AND INFORMATION
Access to this website is the sole responsibility of the User, and as the User you acknowledge and agree to the legal notice and the terms and conditions of use of the website and its content, materials, information services (hereinafter the ‘Content’). If you do not agree with this legal notice, please do not use the Website, since using this Website entails full and unconditional agreement to the legal terms set out herein.
The User guarantees that all data provided in registration forms and at any other time is accurate and true. You are responsible for updating any information provided so that it remains accurate. Users will be responsible for any inaccuracies or untruthfulness in the information provided.
2.2. CORRECT USE AGREEMENT
You agree to use the Website and the Content provided correctly and in accordance with the applicable law, this agreement and any instructions and warnings that may be sent to you.
You guarantee that you will use this Website and its Content exclusively for purposes that are legal and not prohibited, that do not infringe the law in force and/or may be detrimental to the legitimate rights of Apparatu or any third party, and/or that may cause any damage directly or indirectly. To this end, the User will refrain from:
• inserting, incorporating or spreading viruses, Trojan horses, worms, time bombs, cancel bots, macros, frames, malicious code, or any other computer programming routines or other software or electronic or physical elements that may alter, damage, interfere with, surreptitiously intercept, disable, overload, impair or impede normal use of the Website or any computer equipment and/or applications belonging to Apparatu or third parties or that may alter, damage or destroy the electronic documents and files stored in them;
• attempting to access, use, hide and/or manipulate data belonging to the domain owner, third party suppliers and other users;
• infringing or facilitating infringement of the applicable law and regulations, standards and enforcement policies on the Apparatu Website, such as, inter alia, accessing or attempting to access restricted resources or areas without fulfilling the conditions required, or actions that contravene, disparage or violate the fundamental rights and public freedoms enshrined in the Constitution, international treaties and other laws;
• infringing any copyright, trademark, trade secret, or reserved rights of Apparatu or third parties, or any other intellectual or industrial property;
• obtaining or attempting to obtain Content using means or procedures other than those that Apparatu provides for this purpose, as well as performing or attempting to deactivate, remove, delete or manipulate the technical protection and/or access control methods or any information mechanisms that Apparatu deems appropriate to include in the Content;
• distributing, making available or in any other way publicly communicating, transforming or changing the Content without prior authorisation from the rights holders; and,
• impairing or damaging the credibility or reputation of Apparatu.
2.3. INTELLECTUAL PROPERTY
The intellectual property, trademarks, designs, graphics, images, videos, multimedia, logos, and icons visible on the Website are the exclusive property of Apparatu. Using them for commercial purposes and/or subsequent distribution without previously obtaining authorisation is prohibited. Likewise, they shall not be used to illustrate activities, products or events of other companies without explicit written permission from Apparatu.
Apparatu reserves the right to withdraw its permission to use any graphics, images, logos, icons any or other multimedia content when it believes they are being used for purposes that may damage its interests or could be unlawful, obscene, defamatory, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
The software licensed and/or developed by and for Apparatu, including the source code and Content created by the owner and/or its contributors, is protected by national and international intellectual and industrial property regulations. As such, the User is entitled only to browse the Website for private viewing purposes.
Access to the website does not constitute the granting of licenses or any kind of rights to the trademarks, trade names or any other distinctive sign used on the Website, nor authorisation of any other type of right related to the Website and/or the services offered therein.
By supplying content to Apparatu, you give your consent and authorisation for it to be reproduced and publicly communicated in the context of the Apparatu platform. If you do not agree with this, please do not send us such content.
2.4. EXTERNAL LINKS
Users, and in general all persons, who wish to include a link or hyperlink (hereinafter, the ‘Link’) on their own Website to the Apparatu Website must abide by the following conditions:
• The Link will enable access only to the homepage of the Website or to a specific part of the site that Apparatu authorises;
• no false, inaccurate or incorrect statements or indications will be made regarding Apparatu its directors, employees, the pages of the Website or its Content;
• it will not be stated or implied that Apparatu has authorised the Link or has supervised or taken any type of responsibility for the services offered or available on the Website to which it is linked;
• with the exception of signs that are part of the Link, the linked Website will not contain any trademarks, trade names, names, logos, slogans or other distinctive signs belonging to Apparatu;
• it will not contain content that contravenes or infringes privacy or publicity rights or any other third party rights;
• it will not contain any information or content that is unlawful, obscene, pornographic, indecent or which infringes generally accepted public safety or morality in any way;
• it will not induce, incite or promote actions that are criminal, slanderous, defamatory, abusive, threatening, violent or, in general, contrary to law and public order, nor will it induce, incite or promote discriminatory actions, attitudes or thoughts based on race, gender, sexual identity, age, religion, belief, opinion, nationality, disability, or any other personal or social condition or circumstance.
Including a Link in no way implies the existence of relations between Apparatu and the owner of the linked Website, nor the acceptance or approval of Apparatu of the Content thereof, nor any responsibility for the quality, legality, reliability and/or usefulness of other Websites that may be accessed via hyperlinks.
Apparatu takes no responsibility whatsoever for the correct operability of such Links, the results obtained through them, the veracity and legality of content or information that can be accessed, or any damage caused to the User as a result of information found on linked Websites.
Apparatu explicitly prohibits framing and use of any other mechanisms by third parties that alter the design, original configuration or contents of its Portal or Website.
2.6. DURATION OF SERVICE
Apparatu does not guarantee the availability and continuity of its Website. Apparatu does not guarantee that its Website can be used to perform any particular activity, nor that it is infallible.
Apparatu may temporarily suspend access to the Website without notice to perform maintenance, repairs, updates or improvements.
Access to the Apparatu Website has an unlimited duration. However, Apparatu reserves the right to restrict the access of the general public to certain sections of the Website and to limit them to a specific User by means of an ID and password (a ‘User Account’). Apparatu may suspend or revoke without notice the access of users who it deems breach the rules of use of its website, in addition to taking appropriate legal measures.
Apparatu reserves the right to allocate space, sections or pages of the Website or parts thereof or of the Content, to advertising or promotional purposes, or sponsorship. Advertisers and sponsors are solely responsible for ensuring that the material they submit to be included on the Website complies with the applicable laws in each case. Apparatu is in no way responsible for any errors, inaccuracy or irregularity in advertising or sponsored content.
2.8. LIMITATION OF LIABILITY
Apparatu makes every effort to avoid any errors or omissions in the content of its Website, but neither guarantees nor is liable for any errors in the content of the Website. Apparatu will not be liable for damages of any nature arising from, inter alia:
• interrupted functioning or unavailability of access to the Website;
• violation of the User’s privacy and/or theft of identity by others;
• potential transfer of elements that adversely affect computer systems;
• the accuracy, completeness and timely updating of the Content of the Website;
• the accuracy, completeness or quality of material produced and/or submitted by the User; and
• any use made by the User of the Content of the Website or linked Websites.
Apparatu will not be liable for any intrusions, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the electronic system due to causes beyond its control or force majeure, or for any delays or blockages in the functioning of this electronic system caused by faults or overloading of telephone lines or the internet, or for damage caused by unlawful third party intrusion beyond its control.
The User is solely responsible for any infringements he may make or damages he may cause by using the Website. Apparatu, its partners, collaborators, employees and representatives will be exempt from any liability that may arise from the User’s actions.
Users are solely responsible for any claims or legal, judicial or extra-judicial proceedings brought by third parties against Apparatu based on the User’s use of the Website and its Content. Should this occur, the User will be liable for all costs, expenses and indemnities incurred by Apparatu in connection with such claims and proceedings.
Apparatu reserves the right to amend this Agreement under its own initiative and sole discretion and without prior notice to the User. These Terms and Conditions come into force as soon as they are published on the Website. However, Apparatu reserves the right to change its policies and at any time make any changes and modifications that it deems appropriate and necessary for the Website, without prior notice.