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THOMAS WELLNESS GROUP, SL, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), as well as informing all users of the website about what the conditions of use are.
Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
THOMAS WELLNESS GROUP, S.L. reserves the right to modify any type of information that may appear on the website, without there being any obligation to pre-advise or inform the users of said obligations, being understood as sufficient with the publication on the website of THOMAS WELLNESS GROUP, S.L.
1. IDENTIFICATION DATA
Company name: THOMAS WELLNESS GROUP, S.L.
Registered office: Lanzarote, 13 B 28703 San Sebastián de los Reyes, Madrid, Spain
e-mail: [email protected]
Opening Hours: 9 a.m. to 6 p.m.
Through the Website, we offer Users the possibility to access information about our services and fitness products.
3. PRIVACY AND DATA PROCESSING
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents that are displayed in the Web Space and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all rights of industrial and intellectual property, content and / or any other elements inserted in the page, which are the exclusive property of the company and / or from 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 otherwise publicly communicate, transform or modify such content, keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to the Web Site imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. The present General Conditions of Use of the Web Space do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Space and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space as a whole, as a multimedia artistic work, are protected as rights of copyright by the legislation on intellectual property. The company owns the elements that make up the graphic design of the Web Space, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of said elements. The content provided in the Web Space may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is obtained, for written, of the aforementioned Entity.
Likewise it is forbidden to suppress, elude and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Space undertakes to respect the rights enunciated and to avoid any action that could harm them, reserving in any case the company the exercise of any means or legal actions that correspond to him in defense of his legitimate rights of intellectual and industrial property.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE
The User agrees to:
1. Make an appropriate and lawful use of the Web Space as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Space; (iii) generally accepted morals and good customs and (iv) public order.
2. Provide all the means and technical requirements that are required to access the Web Space.
3. Provide truthful information by completing the forms contained in the Web Space with your personal data and keeping them updated at all times so that it responds at all times to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to the company or third parties for the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
1. Making an unauthorized or fraudulent use of the Website and / or content for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
2. Access or attempt to access resources or restricted areas of the Web Space, without complying with the conditions required for such access.
3. Causing damage to the physical or logical systems of the Web Space, its suppliers or third parties.
4. Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
5. Try to access, use and / or manipulate the data of the company, third-party providers and other Users.
6. Play or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the content. Obtain and attempt 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 which are habitually used on the Internet because they do not entail a risk of damage or disablement of the Web Space and/or the contents.
8. In particular, and for merely indicative and not exhaustive purposes, 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: – Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.- Induce, incite or promote actions, attitudes or thoughts that are discriminatory for reasons of sex, race, religion, beliefs, age or condition – Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induce or may induce an unacceptable state of anxiety or fear – Induce or incite to engage in dangerous practices, risk or harmful to health and mental balance – Is protected by legislation on intellectual or industrial protection belonging to society or third parties without having been authorized the intended use.- Is contrary to honor, personal and family privacy or the very image of people – Constitute any type of advertising – Include any type of virus or program that prevents the normal operation of the Web Space.
If, in order to access any of the services and/or contents of the Web, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to cede it to third parties, temporarily or permanently, or allow access to the aforementioned services and / or content by outsiders. Likewise, the company is obliged to notify the company of any event that may involve an improper use of its password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the above notification is not made, the company will be exempted from any responsibility that could derive from the improper use of its password, being of its responsibility any illicit use of the contents and/or services of the Web Space by any illegitimate third party. If negligently or maliciously fails to comply with any of the obligations set out in these General Conditions of Use, will be liable for all damages arising from such failure for the company.
No guarantee is given for continuous access, nor for correct viewing, downloading or use of the elements and information contained in the website which may be impeded, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for any decisions that may be taken as a consequence of access to the contents or information offered.
The service may be interrupted, or the relationship with the User resolved immediately, if it is detected that a use of its Web Space, or of any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims or expenses arising from the use of the Web Site.
It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that it is so notified. In particular, we shall not be liable for any damages that may arise, among others, from:
1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the company.
2. Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
3. Undue or inappropriate abuse of the Web Site.
4. Security or browsing errors caused by a malfunction of the browser or the use of outdated versions of it. The administrators of the company reserve the right to withdraw, totally or partially, any content or information present in the Web Space.
The company excludes from any responsibility for damages of any nature that could be due to the misuse of the services of free disposal and use by the Users of the Web Space. It is also exonerated of any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation services and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of these services, the User may be claimed for the damages caused.
You will hold the company harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Web Site. You also agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Web Site.
The User undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the Web Site, as well as any of its contents, unless expressly authorised in writing by the person responsible for the file.
The Web Site may include links to other web sites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of these Web Spaces, nor is placed in a position of guarantor or / or provider of 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 exclusively for private and non-commercial use. The Web Spaces that include a link to our Web Space (i) may not falsify their relationship or affirm that such a link has been authorized, nor include brands, names, commercial names, logos or other distinctive signs of our society; (ii) may not include contents that may be considered in bad taste, obscene, offensive, controversial, that incite violence or discrimination for reasons of sex, race or religion, contrary to public order or illicit; (iii) may not link to any page of the Web Site other than the home page; (iv) must link to the address of the Web Site itself, without allowing the Linking Web Site to reproduce the Web Site as part of its Web Site or within one of its frames or create a browser on any of the pages of the Web Site. The company may request, at any time, to remove any link to the Web Site, after which it must immediately proceed to remove it.
The company cannot control the information, contents, products or services provided by other Web Spaces that have established links to the Web Space.
8. DATA PROTECTION
The company reserves the right to use “cookies” technology on the Web Site, in order to recognize you as a frequent User and personalize your use of the Web Site by pre-selecting your language, or more desired or specific content.Cookies collect the IP address of the user and Google is responsible for processing this information. Cookies are files sent to a browser, by means of a Web server, to record the User’s navigation in the Web Space, when the User allows its 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 more information. Thanks to cookies, it is possible to recognize the browser of the computer used by the user in order to facilitate content and offer navigation preferences or advertising that the user, to the demographic profiles of users as well as to measure visits and traffic parameters, monitor progress and number of entries.
10. DECLARATIONS OF INTENTIONS AND GUARANTEE
In general, the contents and services offered in the Web Site are merely informative. Consequently, by offering them, no guarantee or declaration is given in relation to the contents and services offered on the Web Site, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy or marketability, except to the extent that such declarations and guarantees cannot be excluded by law.
11. FORCE MAJEURE
The company will not be liable in all cases of inability to provide service, if it is due to prolonged interruptions of 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 event.
12. DISPUTE RESOLUTION, LAW IN USE AND JURISDICTION
The present General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered office of the company.