The website www.autocaresbaraza.com (hereinafter, the “Website”) is owned by AUTOCARES BARAZA, S.L. (hereinafter, the “COMPANY”), with registered office at: Ctra. Nacional 340-A, km. 533 – 04620 Vera (ALMERIA) and CIF B04075545, registered in the Mercantile Registry of Almería, Volume 69-AL, Folio 129 and 1707AL.

 

AUTOCARES BARAZA, S.L. welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will apply to your navigation through it, in accordance with the Spanish regulations. Since the company may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of any changes made.

In order for the use of the Website to adhere to criteria of transparency, clarity, and simplicity, AUTOCARES BARAZA, S.L. informs the User that any suggestions, questions, or inquiries about the General Conditions of Use will be received and resolved by contacting the company via email at rgpd@autocaresbaraza.com

1. Purpose

AUTOCARES BARAZA, S.L. provides the content and services available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). By accessing this Website or using it in any way, you are considered a “User” and accept without reservation all of these General Conditions of Use, with the company reserving the right to modify them at any time. Therefore, it is the responsibility of every User to read carefully the current General Conditions of Use each time they access this Website, and if they do not agree with any of the provisions, they should refrain from using this Website.

Furthermore, please note that specific conditions may be established for the use of specific content and/or services on the Website, and the use of such content or services implies acceptance of the specific conditions specified.

2. Services

Through the Website, AUTOCARES BARAZA, S.L. 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 inquiries by providing personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

When it is necessary to provide personal data to access certain content or services, Users must ensure the accuracy, authenticity, and validity of their information. The company will process this data automatically according to its nature or purpose, as indicated in the Data Protection Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website, 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. All trademarks, trade names, or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted on the page, are the exclusive property of AUTOCARES BARAZA, S.L. and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such contents, indemnifying the company from any claims arising from the breach of these obligations. Access to the Website in no way implies any waiver, transfer, license, or total or partial assignment of these rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its content other than those expressly provided for here. Any other use or exploitation of any rights is subject to the prior and express authorization specifically granted for this purpose by AUTOCARES BARAZA, S.L. or the third party holder of the affected rights.

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 website as a whole, as a multimedia artistic work, are protected by copyright laws on intellectual property. AUTOCARES BARAZA, S.L. 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 these elements. The content 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 by any means, without the prior written authorization of the Entity.

Likewise, it is prohibited to delete, bypass, and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the content. The User of this Website agrees to respect the rights mentioned and to avoid any actions that could harm them, with the company reserving the right to exercise all the means or legal actions that correspond to the defense of its legitimate intellectual and industrial property rights.

5. User Obligations and Responsibilities on the Website

The User agrees to:

Make proper and lawful use of the Website, as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) the moral and generally accepted good customs, and (iv) public order.

Provide all the technical means and requirements necessary to access the Website.

Provide truthful information when completing personal data forms on the Website and to keep them updated at all times so that they respond, at all times, to the User’s actual situation. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties due to the information provided.

However, in addition to the above, the User must also refrain from:

a) Making unauthorized or fraudulent use of the Website and/or the contents for illegal purposes, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services, documents, files, and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access restricted areas of the Website, without meeting the conditions required for such access.

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

d) Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its providers, or third parties.

e) Trying to access, use, and/or manipulate the data of the company, third-party providers, and other Users.

f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the holders of the corresponding rights or it is legally permitted.

g) Deleting, hiding, and/or manipulating copyright notices as well as the technical protection devices, or any information mechanisms that may contain the content. The User of this Website agrees to respect the rights mentioned and to avoid any actions that could harm them, with the company reserving the right to exercise all the means or legal actions that correspond to the defense of its legitimate intellectual and industrial property rights.

h) Obtaining and attempting to obtain the contents using means or procedures other than those made available for this purpose, or those expressly indicated on the web pages where the contents are located, or, in general, those used on the Internet that do not entail a risk of damage or disabling the website and/or its contents.

i) In particular, and merely as an indicative and non-exhaustive list, the User agrees 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 is contrary, undermines, or infringes upon the fundamental rights and public liberties constitutionally recognized, in the International Treaties and in the rest of the current legislation.

(ii) Induces, incites, or promotes criminal, denigrating, defamatory, violent, or, in general, illegal actions, contrary to law, morals, generally accepted good customs, or public order.

(iii) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.

(iv) Incorporates, provides access to or allows access to illicit, violent, offensive, harmful, degrading, or, in general, content contrary to law, morals, and generally accepted good customs, or public order.

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

(vi) Induces or incites to engage in dangerous, risky, or harmful practices for health and mental balance.

(vii) Is protected by intellectual or industrial property legislation belonging to AUTOCARES BARAZA, S.L. or third parties without having been authorized for the intended use.

(viii) Is contrary to honor, personal and family privacy or the image of individuals.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or program that prevents the normal operation of the Website.

If a password is provided to access some of the services and/or contents of the Website, the User must use it diligently, keeping it secret at all times. Consequently, they will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, they undertake to notify the company of any event that may constitute improper use of their password, such as, for example, theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Therefore, until the aforementioned notification is made, AUTOCARES BARAZA, S.L. will be exempt from any liability that may arise from the improper use of the password, with any illicit use of the contents and/or services of the Website by any unauthorized third party being the User’s responsibility.

If, negligently or intentionally, the User fails to comply with any of the obligations established in these General Conditions of Use, they will be liable for any damages and losses resulting from said breach to AUTOCARES BARAZA, S.L..

6. Responsibilities

AUTOCARES BARAZA, S.L. does not guarantee continuous access, nor the correct viewing, downloading, or usefulness of the elements and information contained on the pages of the Website, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control.

AUTOCARES BARAZA, S.L. is not responsible for decisions that may be made as a result of accessing the contents or information offered.

AUTOCARES BARAZA, S.L. may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered on it is contrary to these General Conditions of Use. The company is not liable for damages, losses, claims, or expenses arising from the use of the Website. It will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified accordingly. In particular, it will not be liable for damages that may arise, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the electronic system’s operation, caused by deficiencies, overloads, and errors in telecommunication lines and networks, or for any other reason beyond the company’s control.

(ii) illicit trespassing 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 inadequate use of the Website.

(iv) security or navigation errors caused by a browser malfunction or the use of outdated versions of it. The administrators of the COMPANY reserve the right to remove, totally or partially, any content or information present on the Website.

AUTOCARES BARAZA, S.L. excludes any liability for damages and losses of any kind that may be due to the misuse of freely available services by Users of the Website. Likewise, the company is exempt from any liability for the content and information that may be received as a result of data collection forms, which are only intended for providing consultation and assistance services. Furthermore, in the event of causing damages and losses due to an unlawful 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 harmless against any damages and losses that may arise from claims, actions, or demands of third parties as a result of your access or use of the Website. Likewise, you undertake to indemnify AUTOCARES BARAZA, S.L. against any damages and losses arising from your use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract 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, not even through a hyperlink or hyperlink, the Website of AUTOCARES BARAZA, S.L., as well as any of its contents, without the express and written authorization of the company.

The Website of AUTOCARES BARAZA, S.L. includes links to other websites managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Therefore, the company is not responsible for the content of such websites, nor does it act as a guarantor or part of 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 solely for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the company recommends that website or its services or products; (ii) may not misrepresent its relationship with the company or claim that the company has authorized such a link, nor include trademarks, names, trade names, logos, or other distinctive signs of the company; (iii) may not include content that may be considered tasteless, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race, or religion, contrary to public order, or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its website or within one of its frames or create a browser over any of the pages of the Website. AUTOCARES BARAZA, S.L. may request, at any time, the removal of any link to the Website, 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.

Therefore, AUTOCARES BARAZA, S.L. assumes no responsibility for any aspect related to these websites.

8. Data Protection

To use some of the Services, Users must provide certain personal data beforehand. To this end, AUTOCARES BARAZA, S.L. will process the Personal Data automatically in compliance with the Personal Data Protection regulations. For this, the User can access the policy followed in the processing of personal data, as well as the establishment of the previously defined purposes, in accordance with the conditions defined in the Data Protection Policy presented on this Website.

9. Cookies

AUTOCARES BARAZA, S.L. reserves the right to use “cookie” technology on the Website to recognize you as a frequent User and personalize your use of the Website by preselecting your language or preferred content. The “cookies” used by the Website, or the third party acting on its behalf, are associated only with an anonymous user and their computer, and do not provide the user’s personal data.

Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website when the User allows their reception. They can delete the “cookies” by consulting the browser’s instructions.

Thanks to cookies, the company can recognize the User’s browser to facilitate content display and show their browsing preferences and advertisements, as well as recognize their demographic profiles to measure visits and traffic parameters, control progress and the number of entries.

10. Duration and Termination

The provision of the service on this Website and other services is initially indefinite. However, the company may terminate or suspend any of the portal services. When possible, the company will announce the termination or suspension of the specific service.

11. Statements and Warranties

In general, the contents and services offered on the Website are merely informative. Therefore, by offering them, AUTOCARES BARAZA, S.L. does not provide any guarantees or statements regarding the contents and services offered on the Website, including, by way of example, guarantees of legality, reliability, usefulness, truth, accuracy, or merchantability, except to the extent that such statements and guarantees cannot be excluded by law.

12. Force Majeure

AUTOCARES BARAZA, S.L. will not be liable in any case of inability to provide service, if this is due to prolonged interruptions in 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 events.

13. 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, which will be applied to matters not provided for in these conditions regarding interpretation, validity, and execution.

AUTOCARES BARAZA, S.L. and the User, with the express waiver of any other jurisdiction, submit to the Courts and Tribunals of ALMERIA for any dispute that may arise from the existence, interpretation, or application of these General Conditions; except in cases where the User is considered a consumer or User according to applicable laws, in which case this clause will not apply.

In the event that any provision of these General Conditions of Use is found unenforceable or void under applicable law or as a result of a judicial or administrative resolution, such unenforceability or voidness shall not render these General Conditions of Use unenforceable or void as a whole. In these cases, AUTOCARES BARAZA, S.L. will proceed to modify or replace said provision with another that is valid and enforceable, and that, to the extent possible, achieves the objective and intention reflected in the original provision.