To comply with what is set out in the Information Society Services and Electronic Commerce Law 34/2002, of 11 July (LSSI-CE hereinafter), the general information on the owner of this website is set out below:
• Business name: Comenza, S.L.U. (hereinafter, COMENZA)
• Tax ID: B-83900670.
• Address: Avenida Benigno Rivera nº 100, Polígono Industrial de O Ceao. 27003 – Lugo (Spain).
• Inscription data: The company is listed on the Commercial Register in Madrid, Volume 19,688, Book 0, Folio 98, Section 8, Sheet M-346354, first listed on 18 February 2004.
Additionally, the domain name belonging to COMENZA is comenza.com
These conditions regulate the use of this Website which provides the public with information relating to the activities, products and services offered by COMENZA. We ask you to carefully read the information provided to you. As pointed out in the previous section, the act of accessing this Website and using the materials contained on it implies that you have read and unreservedly accepted these conditions.
This Website contains materials such as news or developments relating to the company that owns it; products and services and varied documentation relating to their corporate purpose in order for it to be at the disposal of potential clients. COMENZA informs you that these materials and/or content can be changed, developed or updated at any time without prior notice.
Access to this Website is freely available and free of charge to the users. However, these conditions do not exclude the possibility of given services on the Website having their own specific conditions of use in addition to these general conditions due to their special characteristics. An example of this is the specific conditions of sale for previously registered users who can access the private area and use the electronic trade tools enabled by COMENZA on this Website. In this case, the conditions will be made clearly available to you.
If a user must register in order to use and/or contract a product/service on the Website, they will be obliged to provide truthful and lawful information. If the user is given a user identifier and a password as a result of this registration, they commit to using them diligently and to keeping them secret for accessing these services in a completely normal way. Consequently, the users are responsible for the adequate safekeeping and confidentiality of any identifiers and/or passwords supplied to them by COMENZA. They promise not to grant usage to third parties, whether temporarily or permanently, and not to allow access to persons outside their organisation. Any illegitimate third party using an identifier and/or password in order to access the services as a result of the user losing or not using them diligently will be the user's responsibility.
In light of the above, the user is obliged to inform COMENZA immediately of any event that allows illicit use of the identifiers and/or passwords, such as theft, misplacement or non-authorised access to them, in order to cancel them immediately. For as long as these events are not reported, COMENZA will be exempt from any liability that might arise from the illicit use of the identifiers or passwords by non-authorised third parties.
Using the Website to contract products/services is prohibited for legal minors. They must duly obtain consent from their parents, teachers or legal representatives beforehand, who will be considered responsible for the acts carried out by the minors they are responsible for, in accordance with current legislation.
The user commits to using this Website and all its content and services in accordance with what is set out by law, morality and public order and in accordance with these general and specific conditions of use that, where necessary, are applicable. Additionally, they commit to using the Website's services and contents suitably and to not using them for performing any illicit activities or activities that oppose morality and public order, that might impinge the rights of third parties or that might infringe the industrial or intellectual property rights, or any other applicable rules.
The user commits to not transmitting, entering, broadcasting or making any type of information available to third parties that is against the law, morality, public order or these specific and general conditions that might be applicable. Without limitation, the user commits to:
• Not entering or broadcasting content or propaganda of a racist or pornographic nature or anything vindicating terrorism or anything else that goes against a person's rights and freedoms or what is set out in current legislation.
• Not entering or spreading programs (viruses, malicious software, etc.) that are susceptible to causing damage to the IT systems of the provider, their providers, clients or third party users of the internet.
• Not broadcasting, transmitting or making available to third parties any topic, information, element or content that might constitute illicit advertising.
• Not entering or broadcasting false or inaccurate information and content that might lead to errors for those who receive it.
• Not supplanting other users by using identifiers, passwords or any other means of access that are of a personal and non-transferable nature.
• Not broadcasting, transmitting or making available to third parties any topic, information, element or content that could represent a violation in the communications sector and of the personal data protection legislation.
COMENZA reserves the right to deny or revoke access to this Website and/or services at any time without being required to give prior notice to any user that breaches the specific or general conditions of use of this website.
Specifically, it is prohibited to reproduce, distribute, communicate publicly, make available to the public or to use in any other way in general, in whole or in part, this Website's content, regardless of the procedure used. This is also the case for its design, the selection of and the way of presenting the material included on the site. These actions can only be performed with COMENZA's express permission and as long as reference is made to this company's ownership of the mentioned industrial and intellectual property rights.
It is additionally prohibited to decompile, disassemble, perform reverse engineering, grant sub-licences or transmit in any way, translate or create works deriving from the computer programs necessary for the operation, access and use of this Website and the services on it. This is in addition to performing, in regard to such programs in whole or in part, any of the actions described in the above paragraph. At all times, the Website user shall abstain from deleting, altering, bypassing or manipulating any protection device or security system that might be installed on the site.
Any act by virtue of which the service user can exploit or help themselves commercially to any of the content, images, forms, indexes and other formal expressions that form part of this Website is prohibited, whether directly or indirectly, in whole or in part. It is equally prohibited to benefit from their use directly or indirectly, with or without profit, or from the effort made by COMENZA for its operation, without prior authorisation in writing from COMENZA. Specifically, all links, hyperlinks or connections of a similar nature and objects that may be directed at the Website are prohibited.
The trademarks, commercial names or distinguishing marks are the property of COMENZA or of third parties. Accessing the Website cannot be understood to attribute any right over the cited trademarks, commercial names and/or distinguishing marks.
Any transgression of the stipulations of this section will be considered a breach of the legitimate industrial and/or intellectual property rights of COMENZA over the Website and all the content on it.
If you are interested in obtaining permission or a licence for using the content of this website in any way, please visit the contactsection.
On this Website, the user will be able to find links to other websites through various buttons, links, banners, etc. These websites are managed by third parties and COMENZA does not have any control over them. COMENZA does not answer for the content nor the condition of these sites and/or pages. Accessing them through this Website does not imply that COMENZA recommends or approves their content.
If any third party, entity or website wishes to establish any type of link to the Website belonging to COMENZA, they shall adhere to the following conditions and requirements:
• The link shall be directed to this Website's homepage.
• The link must be absolute and complete: that is, it must take the user to COMENZA's URL ( http://www.comenza.com ) by clicking on it and it must completely cover the full extension of the screen of the Website. Under no circumstances, unless expressly authorised in writing by COMENZA, will the linking website be able to reproduce this Website in any way. They may not include it as part of their website or within one of their frames. Nor may they create a browser over any of the pages on this Website. The page that links to COMENZA cannot declare in any way that COMENZA has authorised the said link, unless COMENZA has done so expressly in writing. If the entity that makes the link from their page to the Website wishes to include on their website the trademark, name, commercial name, label, logo, slogan or any other identifying element of COMENZA and/or its Website, they must previously acquire prior authorisation in writing.
• COMENZA does not authorise links to its Website to be established from any page that openly encourages hate, contempt or any other form of discrimination on the grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance, or generally from any page that contravenes morality, public order or generally accepted social norms.
6.- LIABILITY DISCLAIMER.
Whoever uses this Website does so of their own accord and at their own risk. COMENZA, its partners, collaborators, employees and representatives do not accept responsibility for any errors or omissions present in the content on this Website or any other content that can be accessed through it. Nor can COMENZA, its partners, collaborators, employees and representatives be held responsible for any damages deriving from the use of this Website, nor for any action performed on the basis of the information provided by it.
The information on this Website is provided without any type of guarantee, neither implicit nor explicit, and it can be changed or updated without prior notice.
COMENZA does not guarantee the absence of virus, worms or other harmful computer element that could cause damage or alterations in the IT system, in the electronic documents or in the files belonging to the user of this Website. Consequently, COMENZA does not answer for the damage and harm that such elements could cause the user or third parties. Additionally, COMENZA do not take responsibility for, nor guarantee, the availability and continuity in access to this Website, or that it is free from errors. In any case, the obligation to have appropriate tools for detecting and disinfecting harmful or detrimental computer programs falls on the Website user.
The user will answer for the harm and damages of any nature that COMENZA might suffer as a result of failing to comply with any of the obligations to which they are bound by these conditions. The user is aware and voluntarily accepts that the use of any content on this Website takes place under their sole and exclusive responsibility at all times.
COMENZA will not be liable for the bugs that could occur in the communications, including deletion, incomplete transmission or delays in sending and nor are they bound to ensuring that the transmission network is operational at all times. Nor will COMENZA be responsible in the event of a third party accessing the messages or using them in order to send computer viruses, by violating the security measures established.
COMENZA does not guarantee the legality of third party content accessed from the portal and nor does it guarantee the authenticity, accuracy, reliability and usefulness of the content on the said site.
7.- QUALITY OF THE SERVICE.
Notwithstanding what is set out in the previous section, COMENZA uses all of the resources at its disposal to keep this Website updated and so that the users can access it at all times in the best conditions.
For maintenance or systems repair reasons, COMENZA can temporarily suspend the content on this Website and make as many changes as they consider appropriate.
The information appearing on this Website is current at the time of its last update. COMENZA reserves the right to update, modify or eliminate the information on this Website. Likewise, COMENZA makes the maximum effort to avoid any error that could appear.
In any case, the configuration and the capacity of user's equipment should be enough for allowing the services offered on this Website to be used correctly and the user is responsible for installing their equipment correctly.
8.- COMMUNICATION OF ILLICIT AND INAPPROPRIATE ACTIVITIES.
In the event of any Website user becoming aware of any hyperlink going to pages with content or services that are illegal, harmful, degrading, violent or opposed to morality or to current legislation, they will be able to contact COMENZA, providing the following details:
• Personal details of the informant: name and surname, address, telephone number and email address.
• Description of the facts that could reveal the possible illicit or inappropriate nature of the link.
• In the event of violation of rights, such as industrial or intellectual property rights, the personal details of the owner of the infringed right if the owner is not the informant Additionally, they shall provide the document that accredits the ownership of the rights and, where necessary, the document that accredits their ability to act on behalf of the owner if the owner is not the informant. COMENZA's receipt of the communication set out in this clause does not imply, in accordance with what is set out in LSSI-CE, actual knowledge of the activities and/or content reported by the informant.
All the notifications and communications sent by the user to COMENZA will be considered valid, in every way, when they are sent in one of the following ways:
• Sent by post to the following address: Avenida Benigno Rivera nº 100, Polígono Industrial de O Ceao, 27003 – Lugo (Spain).
However, you can use this telephone number for making suggestions, complaints or for filing a grievance: (+34) 982 207 227.
10.- PERSONAL DATA PROTECTION.
As in the previous section, and in accordance with what is set out in article 22 of the LSSI-CE, Comenza, S.L.U. places its cookie usage policy at your disposal in an independent document.
In the case of users registered to access the area restricted to this Website's clients, they have the general sale conditions at their disposal. All the rights and obligations of the parties are featured here, as is the process for sales, guarantees and returns and/or grievance practices.
13.- APPLICABLE LEGISLATION AND JURISDICTION.
In the event of dispute or derived litigation regarding the interpretation and fulfilment of the clauses contained in this document, the user expressly waives any other venue that may correspond to them and agrees that the parties will submit to the Courts in Lugo.
Additionally, COMENZA reserves the right to lodge a claim or any judicial action of a similar nature against the user before the Courts corresponding to the user's domicile.
In the event of one or a variety of the stipulations contained in this document becoming totally or partially nullified, this will not affect the validity of the remaining stipulations.