CONSUM.ES WEBSITE USER POLICY

 GENERAL TERMS & CONDITION FOR USE OF THE WEBSITE

The terms and conditions set forth below regulate access to and use of the website www.consum.es (hereafter the present website or the website), to be used by, and through which it shall provide information services, the entity CONSUM, S. COOP. V. (hereinafter CONSUM) with VAT no. F-46078986 and registered office at Avenida Alginet no.1, 46460 Silla (Valencia) and domicile for notifications at the same address. Registered with the Register of Cooperatives for the Valencian Community, Central Office, number CV-20, and also registered in the Mercantile Registry of Valencia, Volume 6.003, Book 3,309, Section 8, Folio 1, Sheet number V-58.748, Inscription 1, telephone no. 96 197 40 00/96 197 40 50 and electronic contact address at consumcooperativa@consum.es.

Use of the expression “site or website” is understood to include – although not limited solely to –  the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included in it, and in general, all creations expressed by any medium or support, tangible or intangible, regardless of whether or not they are susceptible to intellectual property according to the Revised Text of the Law of Intellectual Property.

Access to the site implies that the User visiting it acquires a series of rights and obligations, in order to guarantee an adequate benefit from the general and specific services and contents that are to be found on same and that CONSUM makes available to the user.

The User is aware that access to and use of the services and contents of the site is carried out under his sole and exclusive responsibility.

The condition of User is acquired by accessing the website. The User will use the services and contents exclusively for private purposes and/or because of his legal relationship that links him to CONSUM to the exclusion of any modality of subsequent use of same for profit or reporting any benefit, direct or indirect.

CONSUM brings to the attention of the User the present general Terms and Conditions of use, which are accepted expressly and fully by the User by the mere fact of accessing the website and/or the visualisation of the contents or use of the services contained in the website. If these general conditions were replaced by others in whole or in part, these new general Terms & Conditions or, as the case may be, the individual Conditions, shall be deemed accepted in the same way as those set out above. However, the User of the website must access these general Terms & Conditions – and the specific ones for the services that he uses – periodically to be aware of any successive versions that are included here, although it is recommended that the User access them every time he intends to access or make use of the services and contents of the website.

In the event that the User does not accept these general Terms and Conditions or the specific Conditions that regulate the use of a certain service and/or content destined for the Users of the website and that said entity determines, the User must refrain from accessing the website or, if necessary, leave it.

The User must establish adequate technical security measures to avoid unwanted actions in his information system, files and computer equipment used to access the Internet and in particular the website, while being aware that the Internet is not totally safe.

 

PURPOSE OF THE CONSUM.ES WEBSITE

By accessing the site, the User may avail of and use various contents and services that will be offered by CONSUM or other third-party providers under the Conditions that are determined in each case.

In general, the services and contents offered through the website will be available in Spanish and in Valencian, without prejudice to the possibility – subject to CONSUM’s reservation – to offer them in other official autonomous languages, as well as in another widely-used language.

CONSUM may modify unilaterally and without notice, the provision, configuration, content and services of the site, as well as its Terms and Conditions of Use and access to the contents offered and services provided. In each case, CONSUM, when applicable, will warn of such changes in the corresponding general or particular Terms and Conditions of use, as well as in other texts or announcements on the website.

The cost of telephone access or any other type of expense involved in accessing the website will be borne solely by the User.

 

RIGHTS AND OBLIGATIONS OF THE USER

The User may:

  • Access, free of charge and without prior authorisation, the contents and services of the site available as such, without prejudice to the technical or specific Conditions, or the need for prior registration regarding specific services and content as determined in these general Terms & Conditions or in the Specific Conditions of those services.
  • Use the services and contents available for his personal use only.
  • The User may download a single copy of the website for offline viewing for personal and non-commercial purposes.
  • Correctly and lawfully use the site, in accordance with the laws of current legislation, morality, common courtesy and public order.

In no event may the User:

  • Access or use the services and contents of the site for the commission of actions that are illegal or contrary to the laws of current legislation, morality, common courtesy and public order, for purposes harmful to the rights and freedoms of third parties, or that may harm, damage or impede in any way, access to same, to the detriment of CONSUM or third parties.
  • Use the services, totally or partially, to promote, sell, contract, advertise or his own information or that of third parties without previous authorisation and in writing from CONSUM.
  • Enter information on the website or use the services existing therein in order to directly or indirectly – infringe the rights, and especially the fundamental rights and public freedoms – of other Users of the website or of CONSUM; Inciting or promoting criminal, xenophobic, terrorist or degrading acts by reason of age, gender, religion or belief; Or material of a pornographic, obscene, violent or illegal nature, that violates the law, of current legislation, morality and common courtesy. For this purpose, this information shall be understood as a delimitation, but not a limitation: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, and others.
  • Include hyperlinks in his private or commercial web pages to this website that are not limited solely to access to the main page of the same.
  • Use the services and content offered through the site in a manner contrary to the general Terms & Conditions of use and/or the specific Conditions that regulate the use of a certain service and/or content, and to the detriment or impairment of the rights of other Users.
  • Perform any action that prevents or hinders access to the site by users, as well as hyperlinks to services and content offered by CONSUM or other third parties through the website.
  • Use any type of computer virus, code, software, computer program, computer equipment or telecommunications, which may cause unauthorised damage or alteration of the contents, programmes or systems accessible through the services and content provided on the website or in the information systems, files and computer equipment of users of the same; Or unauthorised access to any content and/or services on the website.
  • Eliminate or modify in any way the protection or identification devices of CONSUM or its legitimate owners that may contain the contents hosted on the website, or the symbols that CONSUM or the legitimate third parties that own the rights incorporate into their creations, objects of intellectual or industrial property on this website.
  • Include in websites of his own responsibility or property “metatags” corresponding to trademarks, trade names or distinctive signs property of CONSUM.
  • Reproduce all or part of this website on another website; The User may not perform demarcations to the present site or the websites accessible through it that conceal or modify, with delimitation but not limitation, contents, advertising spaces and brands belonging to CONSUM or third parties, regardless of whether or not they involve acts of disloyal or confusing competition.
  • Create frameworks within a website for which he is responsible or the proprietor that reproduce the main page and/or pages accessible through it, corresponding to this website without prior authorisation from CONSUM.
  • Include in a website for which he is responsible or the proprietor a hyperlink that generates a window or session of the navigation software used by a user of his website, which includes trademarks, trade names or distinctive logos of which he is proprietor and through which are shown the main website or the accessible pages of this present website.
  • Use the trademark, trade names, as well as any other identifying logo that is subject to intellectual or industrial property rights, without the express prior written authorisation of its owner.
  • Perform any action involving the reproduction, distribution, copy, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof, without the prior written consent of CONSUM or the third party owner of the intellectual and industrial property rights that fall on the services or contents of the website, and from the provisions of these general conditions or, as the case may be, specific conditions that regulate the use of an existing service and/or content on the website.

 

RIGHTS AND OBLIGATIONS OF CONSUM

 CONSUM reserves the following rights:

  • To modify the conditions of access to the site, technical or not, unilaterally and without notice to users, without prejudice to the provisions in the specific conditions that regulate the use of a certain service and/or content intended for users of the website
  • To establish specific conditions and, where applicable, the requirement of a payment or other requirements for access to certain services and/or contents.
  • To limit, exclude or condition the access of Users when all guarantees of correct use of the site by them are not in accordance with the obligations and prohibitions assumed by same.
  • To finalise the provision of a service or supply of a content, without the right to compensation, when its use by Users accrues a yield unlawful or contrary to what is established in the conditions that regulate it, without prejudice to the provisions in the specific conditions that regulate the use of a certain service and/or content intended for the users of the website.
  • To modify, delete or update all or part of the contents or services offered through the site, without prior notice, without prejudice to the provisions in the specific conditions that regulate the use of a certain service and/or content intended for Users of the website.
  • To undertake any legal or judicial action that is convenient for the protection of CONSUM rights as third parties that provide their services or contents through the site, whenever appropriate.
  • To demand compensation that could result from the improper or unlawful use of all or part of the services and contents provided through the site.

 

USE OF COOKIES

In order to ensure that the website is being well managed, and to facilitate better navigation within it, both CONSUM and the web service provider(s) may use “cookies” (short text files stored in the user’s browser) or “web beacons” (electronic images that allow the website to count the number of visitors and users who have entered a particular website and access certain “cookies”), to store and add information. CONSUM can use these tools.

When the User subscribes to or registers with the specific services of the web, as well as when he carries out a personalised navigation after having communicated his personal data to CONSUM, cookies and the use of data storage and retrieval devices in terminals belonging to the  recipients or applicants for the service will be necessary to carry out the transmission of electronic communications, or for the provision of an informational service expressly requested by the User and recipient of data storage and retrieval devices in their terminal.

For more information on our policy on cookies and data storage and retrieval devices in Users’ terminals, the User can consult our Cookies Policy.

 

DISCLAIMER AND LIMITATION OF RESPONSIBILITY BY CONSUM

 CONSUM is exempt from any type of liability for damages of any nature in the following cases:

  • Due to the impossibility or difficulties of connection to the communications network through which this website is accessible, regardless of the type of connection used by the user.
  • Due to the interruption, suspension or cancellation of access to the website, as well as the availability and continuity of the operation of the site or services and/or contained therein, when this is due to (i) interruption of the service by technical maintenance of the website, (ii) to a cause outside CONSUM’s range of control, whether it comes directly or indirectly from it.
  • CONSUM assumes no responsibility for the services and content, or for the availability and technical conditions or conditions of access to them, which are offered by third party service providers, in particular with respect to information service providers. Information service providers shall mean those natural or legal persons who provide the following services to the public: (i) transmission through a data communication network provided by the recipient of the service (ii) access services to the aforementioned network (iii) data storage or hosting services; (iv) provision of content or information; (v) service of temporary copying of data requested by Users; (vi) provision of links to content or search tools.
  • CONSUM at no time assumes liability for damages or prejudice that could be caused by the information, contents, products and services – delimiting but not limiting – provided, communicated, hosted, transmitted, displayed or offered by third parties outside CONSUM – including the information service providers – through a website that can be accessed through an existing link on this site.
  • The processing and subsequent use of personal data by third parties outside CONSUM, as well as the appropriateness of the information requested by them.
  • The quality and speed of access to the site and the technical conditions that the User must meet in order to be able to access the site and its services and/or contents.
  • CONSUM will not be responsible for delays or failures that occur in the access and/or operation of the services and/or contents of the website, due to a case of Force Majeure. “Force majeure” shall mean all causes that could not have been foreseen or that were even foreseen to be unavoidable, and that result in the non-fulfillment of any of its obligations. These include, but are not limited to, strikes by both their own employees and others, insurrections or revolts, including by civil or military authorities, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of Force Majeure.
  • The User of the site will personally respond for damages of any nature caused to CONSUM, whether directly or indirectly, for failure to comply with any of the obligations arising from these general Terms and Conditions or other rules governing the use of the site.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

The User is aware that the contents and services offered through the site – including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, expositions and html code of same, without this enumeration being limited in nature – are protected by intellectual and industrial property laws. The copyright and economic exploitation of this site corresponds to CONSUM and/or third entities.

The trademarks, trade names or distinctive signs that appear on the website are the property of CONSUM or, where appropriate, third parties, and are protected by current industrial property laws.

The provision of the services and publication of the contents through the site does not imply in any way the assignment, resignation or transmission, total or partial, of the ownership of the corresponding intellectual and industrial property rights by CONSUM and/or its legitimate third party holders.

Under no circumstances may the User make use of the services and contents existing in the site that is not exclusively personal, save the exceptions determined in the present general Terms and Conditions of use of this site or in the Specific Conditions that CONSUM have established to regulate the use of a certain service and/or content offered through the website

No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, processed, in whole or in part by any manual, electronic or mechanical method or method (including photocopying, recording or any retrieval and storage system Information), through any support currently known or invented in the future, without the consent of CONSUM. The use, in any way, of all or part of the content of the site is subject to the need for prior authorisation from CONSUM and/or third party legitimate holders and the acceptance of the corresponding license, if applicable, except for the provisions regarding the rights recognised and granted to the User in these general Terms and Conditions or what may be determined in the Specific Conditions that CONSUM has established to regulate the use of a certain service and/or content offered through the website.

If a culpable or negligent act or omission directly or indirectly attributable to the User of the website that causes the infringement of the intellectual and industrial property rights of CONSUM or of third parties – whether or not there is a benefit – causes CONSUM to incur damages, losses, solidary obligations, expenses of any kind, coercive means, fines and/or other sums arising or deriving from any claim, demand, action, suit or proceeding, whether civil, criminal or administrative, CONSUM will have the right to address the User through all legal means within its reach and claim any indemnity amounts, including – but not limited to – moral damages and image, emergent damages and loss of profits, advertising or other costs that could result from their repair, amounts of penalties or judicial sentences, unpaid interest, the cost of financing all sums in which CONSUM could be adversely affected, judicial costs and the amount of the defense in any process in which CONSUM may be sued for the above reasons, for damages and prejudice caused by reason of his action or omission, without prejudice to any other actions that legally correspond to it.

 

HYPERLINKS

The use of hyperlinks to this website will only be authorized by CONSUM as long as the hyperlink is made in the following terms provided in these conditions:

  • The link must only allow access to the home page of this website.
  • In order to avoid confusion to the Users of the web, it is forbidden to load any page belonging to this website in one of the sections of another web page divided into frames, in a way that causes a distortion in the presentation of this website leading to the confusion of Internet Users (“framing”).
  • The authorisation to insert a link does not presuppose, in any case, a consent to reproduce the visual and functional aspects (“look and feel”) of this website.
  • It also explicitly prohibits the creation of an environment or navigation bar on the pages that make up this site, without prior authorization.
  • Aspect of the link: the hyperlink can only consist of a text. For the use of graphics or logos, a license to use the graphics or logos of CONSUM must be obtained previously. In any case, the text must expressly state that it links to this website. In general, the appearance, visual effect, location and, in general, the characteristics of the hyperlink should show that it leads to the CONSUM website and that it is independent and not linked by a relationship or collaboration, association, sponsorship, employment or any other type, to the web page containing the hyperlink.
  • Any web page that contains a hyperlink to the CONSUM website must respect these General Terms and Conditions of Use, be characterised as true and lawful hyperlinks and comply with any applicable legal provisions and the requirements of morality and generally accepted courtesy.
  • In particular, the authorisation for the insertion of hyperlinks to this website will be conditional on respect for human dignity and freedom. The website in which the hyperlink is established will not contain illegal information or content, contrary to morality and common courtesy and public order, nor will it contain content contrary to any rights of third parties.
  • Finally, it is forbidden to insert hyperlinks to the present websites in web pages with contents, allusions or orientation contrary or not compatible with those held by CONSUM.

The creation of links to the CONSUM website under conditions other than those set forth above, will require written authorisation from CONSUM.

 

PROTECTION OF PERSONAL DATA

CONSUM guarantees the confidentiality of the personal data provided by the Users and its processing according to the current legislation on the protection of personal data: Organic Law 15/1999 of 13 December on the Protection of Personal Data (Hereinafter LOPD) and Royal Decree 1720/2007 of 21 December, which approves the Regulation of development of the LOPD (hereinafter RDLOPD). Any personal data collected through the website will be incorporated into one or more processes or files which are the responsibility of CONSUM. For such purposes, CONSUM will provide users, prior to the delivery of personal data, information on the content of the treatment in accordance with article 5 of the LOPD without prejudice to the possibility of the User gaining access to the Privacy Policy. The above information will allow the User to grant his informed, specific and unequivocal consent in order for CONSUM to proceed with the processing of his personal data.

 

DURATION OF THE WEBSITE

Access to this website and use and benefit of its contents has in principle an indefinite duration, without prejudice that certain services offered through the site may be of a temporary nature that will be indicated for each of them. CONSUM, however, is authorised to terminate or suspend access, services and/or contents thereof at any time, without prejudice to what has been provided in this respect in these General Terms & Conditions or, as the case may be, Specific Conditions regulating the use of a certain service and/or content intended for the Users of the website.

 

SCOPE OF THE TERMS AND CONDITIONS IN THE USER POLICY

These general conditions contain all the conditions agreed by the parties with respect to the subject matter of same and any declarations, commitments or promises, verbal, written or implicit, prior to these conditions in relation to the purpose thereof, shall be considered as non-existent.

The fact that CONSUM does not at a given moment require compliance with any of the conditions established in these general Terms and Conditions or, as the case may be, Specific Conditions governing the use of a particular service and/or content intended for users of the website, cannot be interpreted by the User as the waiver to demand later compliance.

 

UPDATING OF THE USER POLICY

Occasionally, CONSUM will update this Privacy and Data Processing Policy for Users of its website.

Any modification of this policy will be published on the CONSUM website and will be deemed accepted by the User for having accepted the previous one, in the event that the modifications are not substantial, and in any case, in the way in which CONSUM make the new policy available to you.

In any case it will be the responsibility of the user to periodically access the published CONSUM privacy policies in order to be aware at all times of the latest version.

 

NULLITY AND ANNULABILITY

In the event that any clause in these general Terms and Conditions or, as the case may be, Specific Conditions governing the use of a particular service and/or content, is voidable or void, in whole or in part, this nullification or annulability will not affect the validity of other clauses thereof, which will continue to have full effectiveness and validity, unless the party alleging nullity or annulability proves that without the clause that is null or void the aims pursued by these Terms and Conditions cannot be fulfilled.

 

LEGISLATION

These general Terms and Conditions are governed by Spanish legislation.

 

JURISDICTION

The parties, expressly renouncing their own jurisdiction, agree to submit themselves for the resolution of any litigation that may arise, to the Courts and Tribunals of the City of Valencia.