This legal notice (hereinafter, the “Legal Notice”) regulates the use of the website www.pistamed.com (hereinafter, the “Website”), of which PISTAMED INTERNACIONAL, S.L. is the owner.
1. Ownership of the Website.
1.1. The owner of the Website is PISTAMED INTERNACIONAL, S.L. (“Pistamed”), with tax identification number B-42696583, domiciled in Plaza Gabriel Miró, 4, 03001, Alicante, and contact email address LOPD@masa.eu Pistamed is duly registered in the Mercantile Register of Alicante in Volume 4283, Folio 110, Page 169173, Section 8 and Inscription I/A 1.
1.2. For the purposes of what is described in this Legal Notice, Pistamed means PISTAMED INTERNACIONAL, S.L., as well as its subsidiaries, group companies and their staff and representatives.
1.3. The information contained on the Website refers to the services offered by Pistamed in accordance with the regulations governing in Spain. The information contained on the Website is only for informational purposes and merely informative, and in no way constitutes any obligation for the subjects accessing the Website (hereinafter, “the / Users”).
1.4. This Legal Notice regulates the access and use of the Website by Users and shall be complemented by any other legal texts that regulate any functionality, service, process, application, platform or means necessary for the use of the Website or the services described.
1.5. By accessing this Website, the User accepts this Legal Notice and declares and guarantees that the applicable legislation and regulations allow him/her to access the Website and that he/she will make correct use of the Website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The User shall be liable to Pistamed or third parties for any damages that may be caused by breach of this obligation.
2.1. For the purposes of this Website, User means any natural or legal person who accesses and browses the Website. The condition of User implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. Access to the Website also implies that the User accepts that this information shall apply to any subsequent access to this Website and that such subsequent accesses shall be subject to the disclaimers, risk warnings and other information contained herein.
3. Purpose and Scope.
3.1. The purpose of the Website is to provide Users with information about the services of Pistamed.
3.2. To this end, Pistamed grants a non-exclusive, non-sublicensable, non-transferable license to Users to use the Website and the functionality, content and other features available, which shall be subject to the rest of the Legal Notice of the Website and applicable law.
4. Intellectual and industrial property.
4.1. All rights of intellectual and industrial property on the information, text, data, graphics, photographs, designs, software, trademarks, trade names, signs and other content of the Website are owned by Pistamed and / or its licensors. Therefore, their use, reproduction, transmission, transformation, modification, distribution, publication, or exploitation in any way by the User is prohibited, except as part of the service of the Website in accordance with the Legal Notice.
4.2. The User acknowledges and accepts that the use of the Website does not imply the transfer of any intellectual or industrial property rights, such as copyright, trademarks, domain names, designs, patents, utility models, know-how or other rights over the Website; nor does it constitute any authorisation for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable and free licence of use granted to Users of the Website in accordance with this Legal Notice.
4.3. In short, Users accessing the Website may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of exploitation.
4.4. The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised is prohibited.
4.5. At any time and for any reason, Pistamed may terminate the right of the User to use all or any part of the Website. You may not infringe or attempt to infringe the security of the Website.
5. Conditions of access and use.
5.1. The Website is free and free access, however, Pistamed conditions the use of some of the services offered on the Website to the prior request and completion of the appropriate form.
5.2. The User guarantees the authenticity and timeliness of all data communicated to Pistamed and shall be solely responsible for any false or inaccurate statements made.
5.3. The User expressly agrees to make appropriate use of the contents and services of Pistamed and the Website and, in particular, not to use or distribute information through the Website for, among others:
– To spread contents, criminal, violent, pornographic, racist, xenophobic, offensive, of apology of the terrorism or, in general, opposite to the law in force, to the moral to the customs or to the public order.
– Transmit or introduce into the network computer viruses or any other harmful component that impairs, limits or damages the Web Site or any connected network or interfere with the use by other Users, as well as actions likely to alter, copy, spoil, interrupt, modify, decompile, disassemble, reverse engineer, or generate errors or damage to electronic documents, data or physical and logical systems of Pistamed or third parties; as well as licensing, renting, selling, imitating or hindering other Users’ access to the Website and its services.
– Attempt to access the email accounts of other Users or restricted areas of the computer systems of Pistamed or third parties and, where appropriate, extract information.
– Violate the rights of intellectual or industrial property (copyright, domain names, trademarks, etc.), as well as violate the confidentiality of the information of Pistamed or third parties and the rights of protection of personal data.
– Impersonate the identity of another User, public administrations or a third party.
– Reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
– Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
– Use the Website, or a part, in other private or commercial websites, as well as make commercial use of the Website; or establish hyperlinks or hyperlinks to the Website or any of its contents (unless expressly authorized in writing by Pistamed), refraining from making false, inaccurate or incorrect statements or indications about Pistamed, or include illegal content, contrary to morality and public order.
– Any other activities contrary to the law in force, this Legal Notice, morality, good customs or public order, or for illegal purposes, prohibited or detrimental to rights and interests of Pistamed or third parties.
5.4. Pistamed reserves the right to block access to certain services of the Web Site to any user in the event that violates the Legal Notice, the rights of third parties or applicable law.
6. Service and guarantees. Linked sites.
6.1. Pistamed will make every reasonable effort to ensure the proper functioning of the Website. However, Pistamed can not ensure the availability of the Website or the absence of service interruptions for the purpose of repair work and / or maintenance of the Website or lack of coverage or equipment failures and / or networks necessary for data transmission, which are beyond its control. Pistamed take appropriate measures to reduce such interruptions.
6.2. Although Pistamed will make every reasonable effort to ensure that the information contained on the Website is accurate, correct and up to date, it should be considered that such information is only general in nature and for informational purposes only and illustrative. In this sense, Pistamed does not guarantee the completeness, adequacy, accuracy, timeliness, validity or completeness of this information and accepts no liability whatsoever.
6.3. Also, Pistamed reserves the right to correct, improve or modify the Web Site and the information contained therein, when it deems appropriate and without notice, and to suspend access to this to carry out maintenance or improvements, not being responsible for the accuracy, inadequacy or authenticity of the information provided.
6.4. Pistamed excludes, to the extent permitted by applicable law, any liability for damages of any kind arising from:
– The impossibility of access to the Web Site or the lack of truthfulness, accuracy, completeness and / or timeliness of the contents, as well as the existence of vices and defects of any kind of content transmitted, disseminated, stored, made available to those who have accessed through the Web Site or the services offered.
– The presence of viruses or other elements in the contents that may cause alterations in the computer systems, electronic documents or data of the Users.
– Failure to comply with the law, good faith, public order, traffic uses and this Legal Notice as a result of incorrect use of the Website. In particular, and by way of example, Pistamed is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and self-image, as well as the rules on unfair competition, data protection and illegal advertising.
Guarantee of Pistamed.
6.5. The Web Site is presented as is and neither Pistamed nor any of the companies of its group guarantee that the services are performed uninterruptedly and without errors, nor guarantee the results obtained from the use of the service.
6.6. Pistamed provides the service without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose or otherwise, except those warranties which are implied and which may not be excluded, restricted or modified under applicable law.
6.7. The Web site does not control, with general character, the use that the Users do of the Web site. In particular, Pistamed does not guarantee under no circumstances that Users use the Website in accordance with the law, this Legal Notice, morality, generally accepted good customs and public order, nor that they do so diligently and prudently.
6.8. All conditions, guarantees or representations not expressly stated in this Legal Notice are excluded to the extent permitted by applicable law.
6.9. The User uses the Website at his or her own risk. By accessing the Website, the User undertakes to use it in accordance with the applicable legislation and regulations and to accept this Legal Notice and all its conditions. The User shall be solely liable to Pistamed and / or third parties, for any loss or damage that may be caused as a result of breach of this obligation. In this sense, Pistamed is not responsible for any damage or alteration in the User’s equipment as a result of the use of the Website and is exempt from any liability.
6.10. The User is solely responsible for ensuring that your computer system has all relevant technical specifications necessary to use the Website.
6.11. This Web Site may contain links to other websites and incorporate information and / or services obtained from third parties, in order to facilitate the User’s access to information from partner companies or sponsors. Pistamed disclaims any responsibility for the information contained in these external links that are outside this Web Site and is not managed directly by Pistamed.
7. Data protection and cookies.
8. General provisions.
Invalidity of clause.
8.1. If any provision or condition of this Legal Notice becomes or is declared illegal, invalid or unenforceable for any reason, such condition or provision shall be deemed deleted without prejudice to the applicability of the remaining provisions of this Legal Notice.
8.2. Pistamed reserves the right to modify or update the information contained herein in the Legal Notice, at any time, when it deems appropriate and without notice, not being responsible for the accuracy, inadequacy or authenticity of the information provided.
8.3. Pistamed publish on the Website the new version of the Legal Notice whenever it changes. The User will be informed, once it accedes again to the Web Site, on any change in the terms of the present Legal Warning.
Jurisdiction and applicable law.
8.4. The Legal Notice is governed by Spanish common law.
8.5. Any dispute that may arise from the use of the Website or the Legal Notice shall be submitted to the competent courts of the city of Alicante and, in the case of a User acting as a consumer, to the court of the domicile corresponding to the User/consumer.
The User, if acting as a consumer, may also submit any dispute arising from or related to this Legal Notice to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms available from the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.