Legal

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LAST UPDATE: May 23th 2018

CONDITIONS OF ACCES AND USE OF THE WEBSITE

This section provides specific information on the conditions of access and use of this website that should be known by the user. This Information is necessary for the purposes provided in Law 34/2002 on Services of the Information Society and Electronic Commerce.

  • Holder: ALPHADVENTURE, S.L. (en adelante, TIWEL)
  • C.I.F.: B80838956
  • Registered office: AVENIDA DE CASTILLA, 32, NAVE 82, 28830, SAN FERNANDO DE HENARES, MADRID
  • E-mail: [email protected]
  • Phone: 916775510
  • Commercial register: Tomo 7.813, Libro 0, Folio 131, Sección 8ª, Hoja M-126268

Before using the Service in the form of free or navigation before joining to receive notifications from us, you should read and accept our legal terms ( “Legal Notice”), which include both our “Privacy Policy” as ” Terms of Use “, which are presented (i) the first time you open the page and (ii) when we make substantial changes to the Conditions or the Privacy Policy. If the User does not approve them, they should not use the Website.

1. ACCEPTANCE OF TERMS

The general conditions that are outlined below, regulate the use of TIWEL website.

Using TIWEL Web gives the condition of user therefore implies full and unreserved acceptance of any kind, and all the General Conditions which are published at the time of user access.
However, it is recommended that the user carefully read the contents of the General Conditions each time they are ready to use the Web page.

Ownership and service provider.

TIWEL on condition owner of this website and service provider of information society, in accordance with existing legislation on Services Information Society and Electronic Commerce (Law 34/2002 of 11 July, of Services of the Information Society and Electronic Commerce), makes available to users the following general information.

Scope of Application

LSSI applies to the following services offered via the Internet when they constitute an economic or lucrative activity for the service provider

  • E-commerce.
  • Online recruitment.
  • Information and advertising
  • Brokerage services.

It is considered that there is economic activity when the person in charge of the web page receives direct income (for the activities of electronic commerce carried out) or indirect (either by advertising or sponsorship derived from the activity carried out by electronic means).
However LSSI does not apply to non-profit activities (such as those of political parties, trade unions, associations, NGOs, etc.) as long as they do not constitute an economic activity.
The Law is directly applicable to all activities that are carried out by electronic means and have a commercial nature or pursue an economic purpose.

The Law is directly applicable to all activities that are carried out by electronic means and have a commercial nature or pursue an economic purpose.

TIWEL is responsible for the website, and makes available to users this document with which it intends to comply with the obligations set forth in Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSI-CE ), Law 7/1996, of January 15, on the organization of retail trade, and Law 3/2014, of March 27, by which the revised text of the General Law for the Defense of Consumers and Users is modified thereafter to inform all customers about the conditions of use of the website.

Applicable legislation

These general conditions of use and purchase are governed by Spanish law. In accordance with article 29 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, electronic contracts between businessmen or professionals, in the absence of agreement between the parties, shall be presumed to be celebrated in the place where it is established the service.

In case of dispute arising from these general conditions and for the resolution of conflicts, the parties submit, at their own discretion, and waiving any other jurisdiction that may correspond, to the courts of the domicile of ALPHADVENTURE, SL provided in this Legal Notice, that is, in the city of Madrid.

Use of the service

Navigation through the Service is free for personal use. However, the Service offered through the store may involve consumption of data, so TIWEL is not responsible for the costs arising from the reception and sending of data of the Internet connection in which it incurs the user (for more information consult your operator). In the same way, this navigation does not require registration, although to access certain promotions, offers or discounts, it will be necessary to register in the database of the same.

Denial and withdrawal of access to the Web and / or services

TIWEL reserves the right to deny or withdraw access to its Web page, at any time and without prior notice, to those users who fail to comply with these General Conditions or the particular ones that may be applicable.

Unauthorized behavior

All the contents included in this website are provided for informational purposes only, so that in no case can they be used as a basis for appeals or claims or as a source of rights. TIWEL reserves the right to modify, without prior notice, the contents of the website.

The User is committed to the correct use of the Web and utilities provided to him in accordance with the law, this legal document, and the instructions and notices communicated to him. Those who access the Service must scrupulously observe and comply with the applicable legislation and codes of ethics and the conditions contained in this Legal Notice.

The User agrees to the exclusive use of the Web, and all its contents, for lawful and non-prohibited purposes, that do not infringe the current law and / or may be harmful to the legitimate rights of TIWEL or any third party, and / or that they can cause any damage or harm directly or indirectly.

To this end, the user will refrain from using any of the contents of the website for illegal purposes or purposes prohibited in this Legal Document, harmful to the rights and interests of third parties or in any way, may damage, overload, deteriorate or prevent the normal use of the Web.

TIWEL reserves the right to immediately disable or block access to the User’s Service in the event that it violates the terms set forth therein, the rights of third parties or that the User is deemed to make improper, excessive or abusive use of the Service in accordance with the provisions of this Legal Notice.

– Any way be contrary, disparages or undermines fundamental rights and public freedoms recognized in the Constitution, international treaties and other legislation.

– Material that induces, incites or promotes criminal, slanderous, defamatory, infamous, violent or, in general, contrary to the law, morals and generally accepted good practices or public order;

– Incorporate, make available or allow access to products, elements, messages and / or criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and good customs generally accepted or public order ;

– Is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that induces or may lead to error on its purpose or on the intentions or purposes of the communicator;

– Is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made;

– Violates the business secrets of third parties;

– It is contrary to the right to honor, to personal and family privacy or to the image of people;

– In any way undermine the credit or denigrate the services provided by TIWEL.

– Use content and / or make or disseminate injurious or libelous statements, regardless of whether they affect other Users or any other third parties.

– Actions that constitute unauthorized or unsolicited advertising, including spam, chain letters, lottery or gambling.

– The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or damage or gain unauthorized access to data or other information of the Service or of any third party.

– Remove technical protection of computer programs or test the vulnerability of any system or network of the Service or violate any security measure or authentication.

– Use false identities or impersonate others in the use of the Service, including the use, where appropriate, of passwords or access codes third party.

– Use for commercial purposes the contents of the service when that proves not expressly authorized.

– Insert, disseminate or associate contents of the Service with information or comments that violate respect for the dignity of persons, be discriminatory, attempt against youth or children, whether racist, violent or incitement to hatred (including the advocacy of terrorism) , are of a pornographic nature, relating to any type of exploitation of a racist, xenophobic nature or linked to terrorism or arms trafficking or any other that, in our opinion, is not suitable for the Service

– Transform, publicly communicate, distribute, assign, reproduce or modify the contents of the Service, except that any of the exceptions valid in law may be applied or expressly authorized by TIWEL.

– Breaching the technical requirements or specifications established for access to the Service.

– Promote, carry out, support or encourage actions contrary to free competition or that constitute unfair competition.

The user undertakes to refrain from:

-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;

– Delete, manipulate or in any way alter the “copyright” and other identifying data of the reservation of rights of TIWEL.

– Try to obtain the Contents using means or procedures different from those that, according to the cases, have been put at the disposal for this purpose or have been indicated for this purpose in the Web page where the Contents are located or, in general, from those that are habitually used on the Internet for this purpose, provided they do not entail any risk of damage or disablement of the Website, the Services and / or the Contents.

The user will be liable for any damages and losses of any nature that TIWEL may suffer, directly or indirectly, as a consequence of the breach of any of the obligations arising from the general conditions or the law in relation to the use of the Web.

Service duration

TIWEL does not guarantee the availability and continuity of the functioning of the Website. The operation of the Service is supported by servers of companies providing services, connected by public and private communications infrastructures.

When reasonably possible, TIWEL will previously warn of interruptions in the operation of the website; TIWEL does not guarantee the usefulness of the Website for the realization of any specific activity, nor its infallibility.

Access to the TIWEL website has an indefinite duration; However, TIWEL reserves the right to suspend without prior notice access to users who, in their opinion, violate the rules of use of its website and exercise the appropriate legal measures. In addition TIWEL reserves the right to restrict access to some sections of the Web to the general public, limiting it only to specific users or group of users through the delivery of an access password for which they will be responsible.

TIWEL will do everything possible to ensure the proper functioning of the Service, however, can not ensure the absence of interruptions for technical reasons in order to perform repair tasks, and / or maintenance of the Web or lack of coverage or failures in the equipment and / or the networks necessary for the transmission of data, which are beyond its control. Thus, access to the Service may be suspended due to force majeure (unforeseeable causes or, foreseen or foreseeable, inevitable) such as given below but not limited to enumerative title.

– Failures in the supply of electrical or telephone network,

– Virus attacks to servers that support the service,

– User errors in access to the Service,

– Fire, flood, earthquake or other acts of nature,

– Strikes or labor disputes,

– Armed conflicts or other situations of force majeure.

2. RIGHTS REGARDING THE CONTENTS

TIWEL own content.

TIWEL is the owner of all rights of exploitation of intellectual and industrial property linked to the Service, being protected in accordance with the current national and international Intellectual Property legislation, as well as the elements contained therein (including, but not limited to) non-limiting, graphic design, source code, distinctive signs, the “TIWEL” brand, illustrations, animations and databases), whether they are available from the Service or have been hosted on third party sites, or because they are owned by you, well because it has obtained the appropriate rights for its use.

It is forbidden the total or partial reproduction, copy or distribution of the Content, without express authorization by TIWEL. In no case will it be understood that the access and navigation of the User implies a waiver, transmission, license or total or partial cession of said rights by TIWEL. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, transmit, use, treat or distribute in any way all or part of the Contents and elements of the Service for public or commercial purposes, if you do not have the authorization expressed and in writing by TIWEL.

Therefore, in accordance with the preceding paragraph, the user may also visualize the contents and elements of service, make prints, copies or downloads them provided that such actions are directed exclusively personal and private use.

The trademarks, logos and any other industrial property that appear on this site are the property of TIWEL. The use of these trademarks is prohibited without the prior written authorization of TIWEL, or of the third parties that own the trademarks.

It is prohibited to set this page as a framework for other, however yes that may establish a link to our Internet address provided they do not relate to false, inaccurate or incorrect statements that may mislead or confusion or which are contrary to law, morals or good customs.

The infraction of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.

TIWEL is not responsible for the Content Generated by the User (including opinions or comments made by Users through the blog or other tools available on the Service). However, it reserves the right to withdraw, without prior notice and immediately, any Content Generated by the User that violates the provisions of this Legal Notice.

The use of TIWEL contact data (postal address, telephone number, e-mail address) for the purpose of sending any type of commercial communication is also prohibited, unless the necessary authorizations are previously available as provided by the applicable regulations.

Third-party content

In respect that the service can be made to other third party websites, will merely informative. TIWEL does not develop or administer these pages or own the aforementioned Internet addresses unless expressly indicated. Therefore, TIWEL will not be responsible for its operation or the contents that they incorporate, neither for the damages or damages derived from said access, nor for those generated by the services or products that they provide, being the responsibility of the User himself to read and accept the Terms of use and privacy policies published on the websites.

TIWEL authorizes the establishment of links and hyperlinks from other sites to the home page of the Website. However, anyone who intends to establish a link between their site and the Website will do so respecting the following conditions:

– The site where the link is established will not contain information or illegal content, contrary to morals, good customs, public order or any third party rights.

– It will not be declared or implied that TIWEL has expressly authorized the link or that it has previously supervised, assumed or recommended in any way the services offered or made available on the website that establishes the link to the Website. It is therefore recommended to anyone browsing the Service that extreme prudence in the assessment and use of information, content and existing services in the linked sites.

– The establishment of any link does not imply in any case the existence of relations between TIWEL and the owner of the website in which this link is incorporated.

Protection of personal data

Your privacy matters to us. You can learn how we handle your information when you use our services by reading our Privacy Policy. We encourage you to read the Privacy Policy carefully since, by accepting it, you agree that TIWEL, collects and processes the information.

General access to the Service is free. However, to access certain promotions, discounts or offers, it will be necessary that you are registered in the Service. TIWEL undertakes to process your personal data in accordance with the provisions of the legislation in force in this matter, applying the provisions of the L.O. 15/1999, of December 13, Protection of Personal Data (hereinafter, the “LOPD”) and its implementing regulations, primarily Royal Decree 1720/2007, of January 19, which approves the Regulations for the development of the LOPD (hereinafter, the “RLOPD”). The complete regulation on this matter is found in our Privacy Policy, TIWEL reserving the right to cancel and delete any user account that violates the provisions of the same.

To comply with the principle of data quality, TIWEL will proceed to cancel the accounts of those Users who remain inactive for a period of more than five (5) years, which implies the blocking of their personal data.

The User will use the Service at his own risk. Failure to comply with any of the rules included in this Legal Notice or the legislation in which they are protected will result in your liability to TIWEL and / or third parties for any loss or damage that may be caused as a result of such breach, regardless of whether this implies the materialization of an unlawful act, an administrative sanction, a fault or an offense and will entitle TIWEL to, where appropriate, demand its responsibility in the civil, administrative, labor or criminal matters that could correspond.

TIWEL does not assume any responsibility for illegitimate interference through the use of computer viruses or any other source, the User’s misuse of the Web, security errors caused by the incorrect operation of the smartphone or other terminal equipment used or by non-updated versions of them.

Security

We work hard to make our Services safe for all users. But we can not guarantee it. By using the Services, you agree that:

– You will not use the Services for illegal purposes or that are prohibited in these Conditions.

– You will not use robots, spiders, crawlers, scrapers or other automated means or interfaces to access the Services or extract information from other users.

– You will not use or develop third-party applications that interact with the content or information of other users or the Services without our written consent.

– You will not use the Services in a way that could interfere with, interrupt, negatively affect or prevent other users from fully enjoying the Services, or that may damage, disable, overburden or hinder the operation of the Services.

– You will not use or attempt to use the account, username, or password of another user without permission.

– You will not post any content that includes pornography, graphic violence, threats, hate speech or incitement to violence.

– You will not upload viruses or other malicious codes or otherwise endanger the security of our Services.

– You will not attempt to avoid any content filtering technique implemented, nor will you attempt to access areas or features of the Services for which you do not have authorization.

– You will not investigate, examine or test the vulnerability of our Services or any system or network.

– You will not incite or promote any activity that violates these Conditions.

– We also care about your safety while using our Services. For this reason, you should not use the Services in a way that can distract you from compliance with traffic laws or safety. For example, do not use or buy in Tiwel while driving. Never put yourself in danger or put others in danger by using our store.

 

Modification of services and termination

We continuously improve our Services and create new ones constantly. This means that we can add or remove features, products or functionalities, and that we can also suspend or stop the Services in its entirety. We can carry out any of these actions at any time and, when we do, we will try to warn you in advance, but it will not always be possible for us.

Although we expect you to be a “Tiwelazer” for life, you can terminate these conditions at any time and for any reason by deleting your account. TIWEL may also terminate these conditions if you do not comply with them, our guidelines for the community or the law, or for any reason beyond our control. We will try to notify you previously, but we can not guarantee it. Our right to terminate these Terms means that we may stop providing the Services to you or impose new or additional limits on your ability to use them.

Exclusion of responsibility

TIWEL makes every effort to avoid any errors in the content of the site, but does not guarantee or accept responsibility for any errors in the content of the Web.

TIWEL excludes any liability for damages of any nature possibly derived from:

– The interruption or unavailability of access to the Web page.

– The privacy and security in the use of the Web page by the User, and / or the unauthorized access of unauthorized third parties.

– The eventual transfer of elements that adversely affect computer systems.

– The accuracy, completeness and punctual update of the contents of the Web page.

Consequently, TIWEL does not guarantee the reliability, availability or continuity of its website or content, so the use of the same by the user is carried out their own risk, their is no way that TIWEL can be held accountable in this regard.

TIWEL will not be liable in case of service interruptions, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of TIWEL and / or due to an intentional or culpable act. of the User and / or originates causes of force majeure. In any case, whatever its cause, TIWEL will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits. TIWEL shall have the right, without any compensation to the user for these concepts, to temporarily suspend the services and contents of the Website to carry out maintenance, improvement or repair operations thereof.

TIWEL excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the content transmitted, disseminated, stored, made available or received, obtained or accessed. through the Web; Nor for the content provided by third parties or entities.

TIWEL will try as much as possible to update and rectify that information hosted on its website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information provided in it.

TIWEL is not responsible for the use that users make of the services and products from the website, nor of their passwords, nor of  any other material of the website, infringing the rights of intellectual or industrial property or any other right of third parties

TIWEL reserves the right to eliminate content that is inveraged, inaccurate and contrary to law, morals, public order and good customs.

3. PUBLICATION RULES: USE AND UPDATING

This Legal Notice (including therefore the Terms of Use and the Privacy Policy) is available to those who access the Service as Users or interested in TIWEL activities, anyone can consult and print it without registering.

The content of the regulations contained in said Legal Notice will be adapted according to the modifications that take place in the applicable legislation, the interpretation of the same by the competent authorities or courts, the structure of the organization, the services, the design and the technical specifications of the Service, the technological infrastructure, so they will be updated periodically and without prior notice.

Therefore, we suggest, recommend and invite you to check it periodically to verify your changes over time.

Dispute resolution, arbitration

If something worries you, let’s talk. First contact us, and we will do everything possible to solve the problem. If you are using the Services on behalf of a company (and not for your personal use), you and TIWEL agree that, to the extent permitted by law, all claims and disputes arising between you arising from or relating to These Conditions or the use of the Services will be resolved in accordance with the Arbitration Rules of the National Consumer Arbitration Board of the Spanish Consumer Agency, which are incorporated by reference to this document. A single arbitrator will be appointed (who will be appointed by the National Consumer Arbitration Board), the arbitration will take place in Madrid and will be conducted in Spanish. If you do not accept this clause, you must not use the Services.

Law and Jurisdiction

This Legal Notice will be interpreted in accordance with Spanish legislation. Due to the supranational nature of the electronic communications infrastructures, those who access the Service from other countries must also observe the applicable legislation enacted by each state, insofar as they are of imperative application.

For the resolution of any discrepancy dispute that may arise in relation to the existence, validity, interpretation, application, execution, breach or nullity of this Legal Notice will apply the mandatory rules on applicable legislation and jurisdiction.

 

Contact us

TIWEL will gladly receive your opinions, questions, concerns or suggestions. You can send us your comments or get help using the online form.