Legal Notice

LAW ON INFORMATION SOCIETY SERVICES (LSSI)

The GravelPackers, responsible for the website www.thegravelpackers.com (hereinafter, the CONTROLLER), makes this document available to users in order to comply with the obligations set out in Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website about the conditions of use.

Any person who accesses this website assumes the role of user, undertaking to observe and strictly comply with the provisions set out herein, as well as any other applicable legal provision.

The GravelPackers reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform the users of such obligations, understanding that publication on the website www.thegravelpackers.com is sufficient.

1. IDENTIFICATION DATA

Corporate name: The GravelPackers
Trade name: The GravelPackers
Tax ID (CIF): B24990749
Registered address: BO/Pagamuno-3, Gipuzkoa Zizurkil
E-mail: info@thegravelpackers.com

2. PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

When, for access to certain content or services, it is necessary to provide personal data, Users shall guarantee its truthfulness, accuracy, authenticity and validity. The company will process such data in an automated manner corresponding to its nature or purpose, in the terms indicated in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all contents displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights, and that all trademarks, trade names or distinctive signs, and all industrial and intellectual property rights over the contents and/or any other elements inserted on the webpage, are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade.

Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such contents, holding the company harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transfer, license or total or partial assignment of said rights, unless expressly stated otherwise.

These General Conditions of Use of the Website do not grant Users any other rights of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or the third-party holder of the rights concerned.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Website, as well as the Website as a multimedia artistic work as a whole, are protected as copyrights by intellectual property legislation.

The company is the owner of 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, it has the corresponding authorization for the use of such elements. The content made available on the Website may not be reproduced in whole or in part, nor transmitted nor registered in any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned entity.

Likewise, it is prohibited to delete, circumvent and/or manipulate copyright notices, as well as any technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the rights stated above and to avoid any action that could harm them, and the company reserves, in any case, the right to exercise any legal means or actions that may correspond to it in defense of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User undertakes to:

  • Use the Website properly and lawfully, as well as the contents and services, in accordance with:
    (i) the applicable legislation at any given time;
    (ii) these General Conditions of Use of the Website;
    (iii) generally accepted morals and good customs; and
    (iv) public order.
  • Provide all the technical requirements and means needed to access the Website.
  • Provide truthful information when filling in personal data in the forms contained on the Website and keep such data updated at all times so that it corresponds, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties as a result of the information provided.

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

  • Making unauthorized or fraudulent use of the Website and/or the contents for unlawful purposes, prohibited in 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 impede the normal use of the services or the documents, files and any kind of contents stored in any computer equipment.
  • Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
  • Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
  • 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 suppliers or third parties.
  • Attempting to access, use and/or manipulate the data of the company, third-party suppliers, and other Users.
  • Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
  • Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
  • Obtaining or attempting to obtain the contents using means or procedures other than those which, 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 found, or, in general, those that are normally used on the Internet because they do not entail a risk of damage or disablement of the Website and/or its contents.

In particular, and by way of example and not limitation, 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:

  • In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in other applicable legislation;
  • Induces, incites or promotes criminal, denigratory, defamatory or violent acts, or, in general, acts contrary to the law, morality, generally accepted good customs or public order;
  • Induces, incites or promotes discriminatory actions, attitudes or thoughts on the basis of sex, race, religion, beliefs, age or condition;
  • Incorporates, makes available or allows access to criminal, violent, offensive, harmful or degrading products, elements, messages and/or services or, in general, products contrary to the law, morality and generally accepted good customs or public order;
  • Induces or may induce an unacceptable state of anxiety or fear;
  • Induces or incites to engage in dangerous practices, risky or harmful to health and psychological balance;
  • Is protected by intellectual or industrial property legislation belonging to the company or to third parties without having been authorized for the intended use;
  • Is contrary to the honor, personal and family privacy or the image of persons;
  • Constitutes any type of advertising;
  • Includes any type of virus or program that prevents the normal functioning of the Website.

If to access some of the services and/or contents of the Website you are provided with a password, you undertake to use it diligently and keep it secret at all times. Consequently, you shall be responsible for its proper custody and confidentiality, undertaking not to disclose it to third parties, whether temporarily or permanently, nor to allow access to the aforementioned services and/or contents by third parties.

Likewise, you undertake to notify the company of any event that may imply the improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation.

Until such events are communicated, the company shall be exempt from any liability that may arise from the improper use of your password, and you shall be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party. If you negligently or fraudulently breach any of the obligations established in these General Conditions of Use, you shall be liable for any damages arising from such breach for the company.

6. LIABILITIES

Continuous access, correct viewing, downloading or usefulness of the elements and information contained on the website is not guaranteed and may be prevented, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for decisions that may be taken as a result of access to the contents or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately if any use of the Website, or any of the services offered therein, is detected that is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Website.

We shall only be responsible for removing, as soon as possible, any content that may cause such damage, provided that this is notified. In particular, we shall not be liable for damages that may arise, among others, from:

  • Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the functioning 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.
  • Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or others.
  • Improper or inappropriate use of the Website.
  • Security or navigation errors caused by malfunction of the browser or by the use of non-updated versions of the same. The administrator of the website reserves the right to remove, 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 freely available services and use by Users of the Website. Likewise, it is exonerated from any liability for the content and information that may be received as a result of the data collection forms, these being used solely for the provision of query and information services.

In the event of causing damages due to unlawful or incorrect use of such services, the User may be claimed for the damages caused.

You shall hold the company harmless from any damages arising from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, you undertake to indemnify for any damages arising from your use of “robots,” “spiders,” “crawlers” or similar tools used for data collection or extraction, or any other action on your part that imposes an unreasonable load 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 or any of its contents, unless expressly authorized in writing by the controller.

The Website may include links to other websites managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. Consequently, the company is not responsible for the content of such websites, nor does it position itself as guarantor or provider 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 home page of the Website solely for private and non-commercial use. The websites that include a link to our Website:
(i) may not misrepresent their relationship or state that such a link has been authorized, nor may they include trademarks, names, trade names, logos or other distinctive signs of our company;
(ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incite violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful;
(iii) may not link to any page of the Website other than the home page;
(iv) 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 to create a “browser” on any of the pages of the Website.

The company may request, at any time, the removal of any link to the Website, after which the User must proceed immediately to its removal.

The company cannot control the information, content, products or services provided by other websites that have established links to the Website.

8. DATA PROTECTION

To use some of the Services, the User must first provide certain personal data. The company will process these data automatically and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD and LSSI. The User may access the policy applied in the processing of personal data, as well as the purposes established in advance, under the conditions defined in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Website, in order to recognize you as a frequent User and to personalize your use of the Website by pre-selecting your language or more desirable or specific content.

Cookies collect the User’s IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser by a web server to record the User’s browsing on the Website when the User allows their reception. If you wish, you can configure your browser to be warned on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognize the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, to the demographic profiles of the Users, as well as to measure visits and traffic parameters, control progress and number of entries.

10. STATEMENTS AND WARRANTIES

In general, the contents and services offered on the Website are for informational purposes only. Consequently, by offering them, no warranty or representation is given in relation to the contents and services offered on the Website, including but not limited to guarantees of legality, reliability, usefulness, truthfulness, 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 in any way in cases where it is impossible to provide service as a result of prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered address of the Controller of the website.

In the event that any stipulation of these General Conditions of Use is unenforceable or void under the applicable legislation or as a consequence of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company shall proceed to modify or replace said stipulation with another that is valid and enforceable and that, to the extent possible, achieves the aim and intent reflected in the original stipulation.