LEGAL TERMS

The website www.harveys.es (hereinafter, the “Website”) is owned by GRUPO EMPERADOR GESTIÓN, S.L.U. (hereinafter, the “COMPANY”), with registered address at Paseo de la Castellana, 259 D, Floor 28N, Edificio Torre Espacio– 28046 Madrid and VAT number B87668893. Registered with the Commercial Registry of Madrid at Volume 35324, Page 11, Sheet M-635019.

The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will apply to your navigation through it, in accordance with the applicable provisions of Spanish law. Since the COMPANY may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order for the use of the Website to meet criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestions, doubts or queries about the General Conditions of Use will be received and resolved by contacting the COMPANY via email dpo@grupoemperador.es

1. Purpose

The COMPANY 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, the “Privacy Policy”). Access to or use of this Website in any form gives you the qualification of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use. The COMPANY reserves the right to modify them at any time. Consequently, it will be the responsibility of each User the careful reading of the General Conditions of Use in force when accessing this Website, so that if the latter does not agree with any of them, it must refrain from using this Website. 

It is also noted that, on certain occasions, particular conditions may be established for the use on the Website of specific content and/or services, the use of such content or services will imply acceptance of the particular conditions specified there.

2. Services

Through the Website, the COMPANY offers Users the possibility to access information about the COMPANY, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make queries providing their personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

The COMPANY processes your personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, Directive 95/46/EC (General Data Protection Regulation) and LO 3/2018. Information on your personal data, in accordance with Article 13 of Section 2 of that regulation and LO 3/2018 can be found in www.harveys.es

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website and in particular, 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, on the contents 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 economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content while keeping the COMPANY unscathed from   any claim arising from the breach of such obligations. In no event does access to the Website imply any waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its provisions 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 this purpose by the COMPANY or the third-party owner of the rights affected.

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 copyright by intellectual property legislation. The COMPANY  owns the elements that make up the graphic design of the Website, 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, or transmitted, or recorded by any information retrieval system, in any form or in any medium, unless prior written authorization is available.

Moreover, it is forbidden to delete, elude and/or manipulate the “copyright” as well as technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case the COMPANY the exercise of all means or legal actions corresponding to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

• The User agrees to:

a) 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 common law and (iv) public order. 

b) Provide yourself with all the means and technical requirements necessary to access the Website.

c) Provide truthful information by filling in the forms contained on the Website with your personal data and keeping them updated at all times in a way that responds, at all times, to the real situation of the User. The User shall be solely responsible for the false or inaccurate statements made and for the damages caused to the COMPANY or third parties by the information provided.

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

a) Make unauthorized or fraudulent use of the Website and/or the 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.

b) Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.

e) Attempt to access, use and/or manipulate company data, third party providers and other Users.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the authorization of the owner of the corresponding rights is authorized or this is legally permitted.

g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.

(h) Obtain and attempt to obtain the contents using means or procedures other than those that, 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 commonly used on the Internet because they do not involve a risk of damage or disablement of the website and / or the contents. 

i) In particular, and for information only 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:

(i) In any way contrary, disparage or violate constitutionally recognized fundamental rights and public freedoms, the International Treaties and the rest of the existing legislation.

(ii) Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order.

(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, belief, age or condition.

(iv) 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 customs or public order. 

(v) Induce or may induce an unacceptable state of anxiety or fear.

(vi) Induce or incite to engage in practices that are dangerous, risky or harmful to health and psychic balance. 

(vii) It is protected by the legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without having been authorized the intended use.

(viii) Contrary to honor, personal and family intimacy or the very image of individuals.

(ix) Constitutes any type of advertising.

(x) Include any type of virus or program that impedes the normal functioning of the Website.

In the case you are provided with a password in order to access some of the Services and/or contents of the Website, you agree to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned Services and/or content by outsiders. Likewise, it undertakes to notify  the COMPANY of any fact that may involve an improper use of your password, such as, but not limited to, theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until you make the above notification, the COMPANY will be exempt from any liability that may arise from the misuse of your password, being your responsibility any unlawful use of the contents and / or services of the Website by any illegitimate third party.

If you negligently or intentionally fail to comply with any of the obligations set out in these General Conditions of Use, you will be liable for all damages that may arise from such breach for the COMPANY and/or third parties.

6. Liability

The COMPANY does not guarantee continued access, nor the correct display, download or usefulness of the elements and information contained in the pages of the website, which may be prevented, difficult or interrupted by factors or circumstances that are beyond its control.

The COMPANY is not responsible for the decisions that may be taken as a result of access to the contents or information offered.

The COMPANY may interrupt the Services or immediately terminate the relationship with the User if it detects that a use of its Website or any of the Services offered therein are contrary to these General Conditions of Use. The COMPANY is not responsible for damages, losses, claims or expenses arising from the use of the Website. You will only be responsible for removing, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it shall not be liable for any damages that may arise, among others, from:

(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.

(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or improper abuse of the Website.

(iv) security or navigation errors caused by a malfunction of the browser or the use of out-of-date versions of the browser. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.

The COMPANY excludes any liability for damages of any kind that may be due to the misuse of the Services freely available and used by the Website Users. Likewise, the COMPANY 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 and doubt services. On the other hand, in case of causing damages for an illicit or incorrect use of such services, the User may be claimed by the COMPANY for the damages caused.

You will defend, indemnify and hold the COMPANY against any damages arising from claims, actions or claims of third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website. 

7. Hyperlinks

The User undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the Company’s Website, as well as any of its contents, unless expressly authorized in writing by the COMPANY. 

The COMPANY’s Website includes links to other websites managed by third parties in order to facilitate the User’s access to the information of collaborating companies and/or sponsors. Accordingly, the COMPANY is not responsible for the content of such websites, nor is it in a position of guarantor nor/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 links to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent your relationship with the COMPANY or assert that the COMPANY has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incite violence or discrimination on the basis of sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) you 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 it remove any link to the Website, after which it must proceed immediately to its deletion. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website. 

Accordingly, the COMPANY assumes no responsibility for any aspect relating to such websites.

8. Cookies

You can consult the information about cookies by accessing at www.harveys.es

9. Duration and termination

The provision of the service of this Website and the other services in principle have an indefinite duration. However, the COMPANY  may terminate or suspend any of the portal services. Where possible, the COMPANY shall announce the termination or suspension of the provision of the particular service.

10. Statements and Warranties

In general, the contents and Services offered on the Website are for informational purposes only. Therefore, by offering them, the COMPANY makes no warranty or representation in relation to the contents and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, veracity, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. Force Majeure

The COMPANY shall not be liable at all in case of impossibility of providing service, if it is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous case.

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. Any dispute will be resolved in the courts of the city of Madrid.

In the event that any provision of these General Conditions of Use proves unenworthy or void under applicable law or as a result of a judicial or administrative decision, such unensureability or nullity will not make these General Conditions of Use unenworthy or void as a whole. In such cases, the COMPANY will modify or replace this stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.