Legal Notice and Conditions of Use
1. LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the Internet portal service (the ‘Website’) which Astilleros Astondoa, S.A. (‘Astondoa’) provides for its Internet users.
In order to comply with the provisions of article 10 of Law 34/2002, of 11 July, regarding Information Society and eCommerce Services (‘LSSI’), we inform you that Astondoa, at registered address Muelle de Poniente, s/n, 03130 Santa Pola (Alicante), Spain and holder of Tax Identification Number A-03133659, is registered in the Mercantile Registry of Alicante, Volume 2523, Folio 219, Section 8, Sheet A-16729.
Access to and use of the Website are free, except for the cost of connection to the telecommunication network paid to your contracted Internet Service Provider. Certain services are for the exclusive use of our investors and access to these is restricted.
By using the Website you are deemed to be a user (the ‘User’) of the site, which implies acceptance of all the conditions included in this document (the ‘Legal Notice’). The provision of the Website’s service is limited to the duration of the User’s visit to the Website. Therefore, the User should carefully read this Legal Notice every time they access the Website, as this Legal Notice and the conditions of use it contains may be modified from time to time.
Some of the services on the Website that are accessible by the User may be subject to specific conditions, regulations and instructions which, in this case, completely supersede and/or modify this Legal Notice and must be accepted by the User before they can receive the corresponding service. Likewise, in cases where it is necessary to introduce a username (‘login’) and password (‘password’) in order to use some of the services provided on the Website, the User agrees to make careful use of said information and not to share their login or password with third parties, and to inform Astondoa as soon as possible in the event of loss, theft or any other circumstances that may compromise the confidentiality of this information.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All of the content on the Website, by way of example, but not limited to, text, graphics, images, photographs, videos, audio files, icons, technology, software, links and other audiovisual and sound content, as well as the graphic design and source code (the ‘Content’), remain the intellectual property of Astondoa or third parties, and at no time is the User granted any exploitation rights recognised by the current regulations concerning intellectual property, except those that are deemed strictly necessary for using the Website.
Trademarks, trade names and distinctive signs are the property of Astondoa or third parties, and access to and use of the Website does not grant the User any rights over said trademarks, trade names and/or distinctive signs.
In general, none of the material on the Website can be copied, reproduced, edited, uploaded or published online, nor transmitted or distributed in any way without the express consent of the owner of the Website, except material expressly authorised by Astondoa to be downloaded on a single computer for domestic, personal and non-commercial use, provided that the copyright and property rights information remain intact.
3. CONDITIONS OF USE OF THE WEBSITE
3.1 General
The User is obliged to make correct use of the Website in accordance with the Law and this Legal Notice. The User will be liable to Astondoa or third parties for any damages that may be caused as a consequence of the breach of said obligation.
It is expressly forbidden to use the Website for purposes that may harm the property or interests of Astondoa or third parties or those which in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or computer products and applications (software) owned by Astondoa or third parties.
When registering with the Website, the User is obliged to: (i) truthfully provide and update the requested data; (ii) adequately safeguard the login and password provided by Astondoa as identifying and enabling elements for accessing certain services offered in the Website, and agree not to grant their use or permit access to third parties; (iii) inform Astondoa, as soon as possible, of the loss or theft of the login and/or password, as well as any risk of access to these by a third party; and (iv) not use false identities, nor impersonate others when using the Website or any of the services offered on the Website, including the use of passwords.
3.2 Content
The User agrees to use the Content in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions which may be applicable in accordance with the provisions of clause 1. By way of example, in accordance with current legislation the User must not:
a) Reproduce, copy, distribute, make available, publicise, transform or modify the Content except in cases authorised by law or with the express consent of Astondoa or whoever holds the exploitation rights in the specific case.
b) Extract and/or reuse all or a substantial part of the Content that Astondoa provides on the Website.
3.3 Data collection forms
Without prejudice to the provisions of clause 6 of this Legal Notice or to the privacy policies available on the Website and which may be applicable in each situation, the use of certain services or requests addressed to Astondoa is dependent on the prior completion of the corresponding User registration form.
All the information provided by the User in the forms on the Website for the previously mentioned purposes, or any others, must be truthful. To this effect, the User guarantees the authenticity of all the data they provide to Astondoa and agrees to keep the information totally updated so as to be correct at all times. In all cases, the User bears sole responsibility for any false or inaccurate statements made and for the damages this may cause Astondoa or third parties because of the information provided.
3.4 Introduction of links to the Website
Internet users who wish to include links to the Website on their own webpages must comply with the conditions detailed below. Ignorance of these conditions does not absolve users of their responsibility under the Law:
a) The link may only connect with the home page of the Website, but it must not reproduce it in any way (inline links, copy of text, graphics, etc).
b) It is expressly forbidden, in accordance with the current and applicable legislation at all times, to apply frames of any type that are displayed on the Website or allow the Content of the Website to be viewed via different Internet addresses than that of the Website and, in no case, must the Content be viewed together with content from outside the Website in a way that: (I) results or may result in errors, confusion or deception of users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) takes advantage of the reputation of Astondoa’s brand and renown; or (IV) is in any other way prohibited by the current legislation.
c) The page where the link is introduced must not make any type of false, inaccurate or incorrect statement about Astondoa, its partners, employees and distributors or about any of its activities or the services it provides.
d) Under no circumstances is it permitted to state on the page where the link is located that Astondoa has consented to the insertion of said link or that in any other way sponsors, collaborates, verifies or oversees the services of the link’s creator.
e) It is forbidden to use any of Astondoa’s denominative marks, graphics or mixes or any other distinctive sign on the link creator’s webpage except in those cases permitted by law or authorised in writing by Astondoa and on condition that, in these cases, it is possible to place a direct link to the Website in the manner established in this clause.
f) The webpage that establishes the link must fully comply with the law and must not under any circumstances provide or link to its own or third-party content which: (I) is illegal, harmful or contrary to morals and accepted standards of behaviour (pornographic, violent, racist, etc.); (II) gives or may give the User the false impression that Astondoa subscribes, endorses, adheres to or in any way supports the link creator’s ideas, statements or expressions, whether legal or illegal; (III) is inappropriate or not pertinent to Astondoa’s activity in view of the place, content and theme of the link creator’s webpage.
4. EXCLUSION OF LIABILITY
4.1 Information
Access to and use of the Website does not imply any obligation on the part of Astondoa to confirm the veracity, accuracy, adequacy, suitability, completeness and current validity of the information provided via the Website. The content on this site is general in nature and does not, in any way, imply the provision of a service of any kind, for which reason said information is deemed insufficient for the User to base any personal or professional decisions on it.
The boats shown on this Website are representative of the Astondoa range. Not all models are shown on this website and for scheduling, production reasons etc., and not all products shown on this Website are available. The boat designs and accessories shown on this Website may be altered without prior notice.
Astondoa accepts no liability for decisions taken based on the information provided on the Website, nor for any damages suffered by the User or third parties as a result of actions based solely on information obtained from the Website.
4.2 Quality of service
Access to and use of the Website does not imply any obligation on the part of Astondoa to ensure the absence of viruses, worms or any other type of harmful software. It is, at all times, the User’s responsibility to employ the appropriate tools to detect and disinfect harmful software on their devices.
Astondoa accepts no liability for damages to the User’s computer equipment or that of third parties during the provision of service on the Website.
4.3 Service availability
Access to and use of the Website requires third-party services and supply, including transport through telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of Astondoa. Therefore, the services provided on the Website may be suspended, cancelled or become inaccessible prior to or simultaneously to the provision of service via the Website.
Astondoa is not liable for damages of any type to the User caused by failures or disconnections in telecommunications networks that result in the suspension, cancellation or interruption of the Website’s services during the provision of said services or beforehand.
4.4 Content and services linked via the Website
The access service on the Website includes technical link devices, directories and search tools that allow the User to access other web pages and portals (the ‘Linked Sites’). In these cases, Astondoa acts as an intermediary service provider in accordance with article 17 of the LSSI and is only liable for the content and services supplied on the Linked Sites in the event that it may have effective knowledge of any illegality or have failed to deactivate the link with due diligence. If the User considers that a Linked Site contains illegal or inappropriate content, they can inform Astondoa in accordance with the procedure and effects established in clause 7, without, in any case, this communication entailing an obligation to remove the corresponding link.
Under no circumstances does the existence of Linked Sites presuppose the existence of agreements with the owners or responsible parties of said websites, nor does it imply Astondoa’s recommendation, promotion or identification with the statements, content or services provided.
Astondoa does not monitor the content and services provided on the Linked Sites and is therefore not liable for any damages caused by the illegality, quality, outdatedness, unavailability, error or utility of the content and/or services provided by the Linked Sites nor for any other damages that are not directly attributed to Astondoa.
5. INFORMATION, COMMENTS, USER QUERIES AND OTHER MESSAGES SENT VIA OUR WEBSITE
Astondoa welcomes communication from its clients and comments which may be sent to us concerning our products. If you send us suggestions, ideas, notes, drawings, designs, inventions or other creative information (which we collectively refer to as ‘Information’), this Information shall then be deemed to be the property of Astondoa.
All Information shall be exempt from any obligation of confidentiality on the part of Astondoa, who shall also be exempt from any liability for any use or revelation of said Information.
Without limitation to the foregoing, Astondoa shall be the sole owner of all worldwide rights, known or which may subsequently come into existence, relating to any Information obtained of any type or nature, and may use the Information without any restriction and for any purpose, commercial or otherwise, without any obligation to compensate the provider of the Information.
6. PROTECTION OF PERSONAL DATA
For further information about how your personal data is processed on the Website, please read our Privacy Policy.
7. COMMUNICATION OF ILLEGAL OR INAPPROPRIATE ACTIVITIES
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illegal, offensive, degrading, violent or contrary to moral codes, they can contact Astondoa indicating the following points:
a) The informant’s personal information: name, address, telephone number and email address;
b) Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
c) In the case of a violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed rights, if different to that of the informant. The complaint should be accompanied by the title which certifies the legitimacy of the owner of the rights and, if applicable, authorisation for the informant to act as a representative of the rights holder;
d) An express declaration that the information contained in the complaint is precise and correct.
Receipt by Astondoa of the communication detailed in this clause does not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or content indicated by the informant.
8. LEGISLATION AND JURISDICTION
This Legal Notice is governed in each and every one of its points by Spanish law.
July 2021.