Legal Notice

1. Legal information and acceptance

In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the identifying details of the company are set out below. This website is made available to users by the entity whose identifying details are as follows:

Company Name:
Agrojardín Estepona, S.L

Tax ID (C.I.F.):
B29443298

Registered Office:
Crta. Nacional 340 km. 164, Río Guadalmansa, 29680 Estepona, Málaga

Telephone:
952796231

Email:
info@agrojardin.com

Registration details:
Málaga Companies Registry, Volume 1708, Book 621, Folio 154, Section 8, Sheet MA 972, Entry 13 (4.07.05)

This Legal Notice sets out the general terms and conditions governing access to and use of this website, hereinafter “the website”. Use of the website implies express and full acceptance of these general terms and conditions in the version published at the time the user accesses it, without prejudice to any particular conditions that may apply to specific services on the website.

Access to the website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted.

Use of the Portal grants the status of user of the Portal (hereinafter, the “User”) and implies acceptance of all the conditions included in this Legal Notice. Provision of the Portal service is limited in duration to the time during which the User is connected to the Portal or to any of the services provided through it. The User must therefore read this Legal Notice carefully each time they intend to use the Portal, since it and its terms of use as set out in this Legal Notice may be modified.

Some services on the Portal accessible to internet users, or exclusive to clients of Agrojardín Estepona, S.L, may be subject to particular conditions, regulations and instructions which, where applicable, replace, complete and/or amend this Legal Notice and which must be accepted by the User before the corresponding service begins.

2. Intellectual and industrial property

This website and the content it hosts are protected by current intellectual property legislation.

Agrojardín Estepona, S.L is the owner or licensee of all intellectual and industrial property rights relating to its website, as well as the elements it contains. Reproduction, distribution, public communication and transformation of all or part of the content of this website for commercial purposes, on any medium and by any technical means, is therefore expressly prohibited without the authorisation of Agrojardín Estepona, S.L as set out in its Terms and Conditions.

Trademarks, trade names or distinctive signs are owned by Agrojardín Estepona, S.L, whether by industrial or intellectual property, and access to the Portal shall not be understood to grant any right over the aforementioned trademarks, trade names and/or distinctive signs.

All products and services on these pages that are NOT owned by Agrojardín Estepona, S.L are registered trademarks of their respective owners and are recognised as such by our company. They appear on the Agrojardín Estepona, S.L website solely for promotional and information-gathering purposes. These owners may request the modification or removal of information belonging to them.

3. Terms of use of the Portal

3.1 General

The User undertakes to make correct use of the Portal in accordance with the law and this Legal Notice. The User shall be liable to Agrojardín Estepona, S.L or to third parties for any damages that may be caused as a result of failure to comply with this obligation.

Use of the Portal for purposes that harm the assets or interests of Agrojardín Estepona, S.L or of third parties, or that in any other way overload, damage or render unusable the networks, servers or other computer hardware, or the software applications, of Agrojardín Estepona, S.L or third parties, is expressly prohibited.

3.2 Content

The User undertakes to use the Content in accordance with the law and this Legal Notice, as well as with any other conditions, regulations and instructions that may apply pursuant to clause 1.

By way of example only, and in accordance with current legislation, the User must refrain from:

  • Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content, except in cases authorised by law or expressly consented to by Agrojardín Estepona, S.L or by the holder of the exploitation rights, as applicable.
  • Reproducing or copying for private use any Content that may be considered Software or a Database under current intellectual property legislation, as well as its public communication or making it available to third parties when such acts necessarily involve reproduction by the User or a third party.
  • Extracting and/or reusing all or a substantial part of the Content forming part of the Portal, as well as the databases that Agrojardín Estepona, S.L makes available to Users.

3.3 Linking to the Portal

Internet users who wish to introduce links from their own websites to the Portal must comply with the conditions set out below, and ignorance of these conditions does not exempt them from the liabilities arising under the law:

  • The link shall only connect to the Portal’s home page and may not reproduce it in any way (online links, copying of texts, graphics, etc).
  • It is in all cases prohibited, in accordance with applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Content to be viewed through internet addresses other than those of the Portal, and in any case when displayed together with content unrelated to the Portal in such a way that: (I) it produces, or could produce, error, confusion or deception among users regarding the true origin of the service or Content; (II) it constitutes an act of unfair comparison or imitation; (III) it serves to take advantage of the reputation and prestige of the Agrojardín Estepona, S.L brand; or (IV) it is otherwise prohibited under current legislation.
  • No false, inaccurate or incorrect statements about Agrojardín Estepona, S.L, its partners, employees, clients or the quality of the services it provides shall be made from the page introducing the link.
  • The page on which the link is placed shall under no circumstances state that Agrojardín Estepona, S.L has given its consent to the insertion of the link, or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
  • Use of any word mark, graphic or mixed mark, or any other distinctive sign of Agrojardín Estepona, S.L on the sender’s page is prohibited, except in cases permitted by law or expressly authorised by Agrojardín Estepona, S.L, and provided that, in such cases, a direct link to the Portal is permitted in the manner established in this clause.
  • The page establishing the link must fully comply with the law and may not, under any circumstances, contain or link to content, whether its own or belonging to third parties, that: (I) is unlawful, harmful or contrary to morality and accepted standards of decency (pornographic, violent, racist, etc.); (II) induces, or may induce, Users to believe that Agrojardín Estepona, S.L endorses, supports, subscribes to or in any way backs the ideas, statements or expressions, lawful or unlawful, of the sender; (III) is inappropriate or unrelated to the activity of Agrojardín Estepona, S.L, given the location, content and subject matter of the sender’s website.

4. Limitation of liability

4.1 Regarding information

Agrojardín Estepona, S.L is not responsible for decisions made based on information provided on the Portal, nor for any damages caused to the User or third parties arising from actions based solely on information obtained on the Portal.

4.2 Regarding quality of service

Access to the Portal does not imply any obligation on the part of Agrojardín Estepona, S.L to monitor the absence of viruses, worms or any other harmful computer element.

It is the User’s responsibility, in all cases, to have appropriate tools available to detect and remove harmful software.

Agrojardín Estepona, S.L is not responsible for damage caused to the computer equipment of Users or third parties during the provision of the Portal service.

4.3 Regarding availability of the Service

Access to the Portal requires services and supplies from third parties, including transport over telecommunications networks, the reliability, quality, continuity and functioning of which are not the responsibility of Agrojardín Estepona, S.L. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, either prior to or simultaneously with the provision of the Portal service.

Agrojardín Estepona, S.L is not responsible for any damage of any kind caused to the User arising from failures or disconnections in telecommunications networks that result in the suspension, cancellation or interruption of the Portal service, whether during its provision or beforehand.

4.4 Regarding content and services linked through the Portal

The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other internet pages and portals (hereinafter, “Linked Sites”). In these cases, Agrojardín Estepona, S.L acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI), and shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not disabled the link with due diligence. Should the User consider that a Linked Site contains unlawful or inappropriate content, they may report this to Agrojardín Estepona, S.L in accordance with the procedure and effects set out in clause 6, although such notification shall not, in any case, entail an obligation to remove the corresponding link.

The existence of Linked Sites shall in no case be presumed to imply agreements with those responsible for or owning them, nor any recommendation, promotion or identification by Agrojardín Estepona, S.L with the statements, content or services provided.

Agrojardín Estepona, S.L has no knowledge of the content and services on the Linked Sites and is therefore not liable for damage caused by the unlawfulness, quality, outdatedness, unavailability, error or uselessness of the content and/or services on the Linked Sites, nor for any other damage not directly attributable to Agrojardín Estepona, S.L.

5. Data protection

You may consult our Privacy Policy (link) to find out how we use your personal data.

6. Reporting unlawful or inappropriate activities

Should the User or any other internet user become aware that Linked Sites lead to pages whose content or services are unlawful, harmful, defamatory, violent or contrary to morality, they may contact Agrojardín Estepona, S.L, providing the following details:

  • Personal details of the person reporting: name, address, telephone number and email address;
  • Description of the facts revealing the unlawful or inappropriate nature of the Linked Site;
  • In the event of infringement of rights such as intellectual and industrial property rights, the personal details of the holder of the infringed right, where this is a person other than the person reporting;
  • The title proving the right holder’s entitlement must also be provided and, where applicable, proof of authority to act on the right holder’s behalf where this is a person other than the person reporting;
  • An express statement that the information contained in the complaint is accurate.

Receipt by Agrojardín Estepona, S.L of the notification provided for in this clause shall not, in accordance with the LSSI, imply actual knowledge of the activities and/or content indicated by the person reporting.

The person reporting must also provide the title proving the right holder’s entitlement and, where applicable, proof of authority to act on the right holder’s behalf where this is a person other than the person reporting.

7. Notifications

All notifications and communications made by the parties shall be valid in accordance with the means recognised under law. Those relating to this Portal shall be considered effective, for all purposes, if made through the Portal itself.

8. Amendments

Agrojardín Estepona, S.L reserves the right to make, without prior notice, any amendments it deems appropriate to its website, and may change, remove or add content and services provided through it, as well as the manner in which they are presented.

Furthermore, these terms and conditions may change at any time. Amendments shall take effect from the time of their publication.

9. Social Media

Agrojardín Estepona, S.L is present on various social media and platforms. Therefore, when accessing any of these or other networks, it should be noted that the applicable terms of use are those established by each platform, in which Agrojardín Estepona, S.L has no involvement.

10. Governing Law

This Legal Notice is governed in all respects by Spanish law. Provided that applicable law permits waiver of the otherwise applicable legal jurisdiction, the courts of Málaga are designated as the jurisdiction for resolving any disputes, with the user expressly waiving any other jurisdiction that might otherwise apply.