TERMS AND CONDITIONS OF USE

Accessing, browsing and using the website www.gamor.es (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of these Conditions of Use, which are as valid and effective as any written and signed contract.

Their observance and compliance shall be enforceable against any person accessing, browsing or using the Website. If you do not agree to the above terms, do not access, browse or use the Website.

1 IDENTIFICATION

TALLERES GAMOR, S.L.
POL. IND. ASTEASU – ZONA E – PAB.73-74
20159 ASTEASU (GIPUZKOA) – SPAIN

2 PURPOSE

These Conditions of Use regulate the access, browsing and use of this Website, without prejudice to the fact that GAMOR reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for its access and/or use. Access to and use of the contents of the Website after the entry into force of its modifications or changes implies acceptance of the same.

However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These special conditions may replace, supplement or, where appropriate, modify these Terms of Use.

GAMOR reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which these Conditions of Use appear or through any type of communication addressed to users.

Likewise, we inform users of their rights and obligations in relation to the contents displayed on the Website, logos and brands used, as well as the responsibilities that may arise from the use of the service.

For the purposes of the interpretation of these Conditions of Use, we understand that a person becomes a user at the moment in which he/she accepts the Conditions of Use and the Privacy Policy set out on the Website, it being sufficient for him/her to visit the Website.

3 ACCESS

Access to the contents of the Website is completely free of charge. Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it shall be presumed that the access has been made with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to GAMOR reserving the right to carry out any checks it deems appropriate.

Accessing and browsing the Website does not require registration, although in order to receive advertising, information and periodic offers of our promotional campaigns and our products, it will be necessary to fill in the web forms provided for this purpose. Registration is free of charge.

Under no circumstances will GAMOR be responsible for the veracity of the data provided by users, and each user will be solely responsible for the possible consequences, errors and faults that may arise from the lack of quality of the data.

5 LINKS
5.1.      LINKS TO OTHER WEBSITES

In the event that links to other websites are displayed on the Website by means of different buttons, links, banners or embedded content, GAMOR informs that these are directly managed by third parties, and GAMOR has neither the human nor the technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, GAMOR cannot assume any type of responsibility for any aspect relating to the platform or web page to which a link may be established from the Website. If users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify GAMOR so that the link to them can be disabled, which will be carried out as soon as possible.

In any case, the establishment of any type of link from the Website to another external website shall not imply that there is any type of relationship, collaboration or dependence between GAMOR and the party responsible for said external website.

5.2. LINKS TO THE VIVANTA CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS

GAMOR provides users, through different tools and applications, with links that allow users to access the channels and pages of the Website that GAMOR maintains on different platforms and social networks belonging to and/or managed by third parties (Facebook, Youtube, G+, Twitter, Instagram and LinkedIn). The inclusion of these links on the Website is for the sole purpose of providing users with access to these channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between GAMOR and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by GAMOR of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.

Under no circumstances does GAMOR share any type of private information about its users with current or future social networks, their sole purpose being that established in these Terms of Use, as well as in the Website’s Privacy Policy. In this sense, all the information that the user wishes to provide to these platforms will be under his/her own responsibility, and GAMOR does not intervene in this process.

The activation and use of these applications may entail the identification and authentication of the user (login/password) on the corresponding platforms, which are completely external to the Website and beyond the control of GAMOR. By accessing these external networks, the user enters an environment that is not controlled by GAMOR, and GAMOR assumes no responsibility for the security configuration of these environments.

GAMOR assumes no responsibility for the content or services that the user may access on these pages, nor for any content, products, services, advertising, or any other material available on these pages. For this reason, the user must exercise extreme caution when evaluating and using the information, content and services available on the linked channels, and with regard to their own information or that of third parties that they wish to share on these channels.

5.3. LINKS ON OTHER WEB PAGES TO THE WEBSITE

GAMOR does not authorise the establishment of a link to the Website from pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.

In any case, users may establish links on their respective web pages to the Website, provided that they comply with the following conditions: (a) the link may not reproduce the content of the Website or parts thereof in any way; (b) it is not permitted to create a browser or border environment over sections of the Website, nor may the Website be modified in any other way; (c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that GAMOR has authorised the link or has supervised or assumed in any way the content or services offered or made available on the web page on which said link is established; d) the web page on which the link to the Website is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or content contrary to the regulations governing the protection of personal data.

GAMOR has neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website and assumes no responsibility whatsoever for any aspect relating to the website that establishes the link.

6 RULES FOR USE OF THE WEBSITE

Access to or use of the Website for illegal or unauthorised purposes, whether or not for financial gain, is not permitted and the consequences of such use shall be the sole responsibility of the user. In particular, to use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party, for the transmission of any virus, malicious code or other harmful programs or files, to use the Website in an illegal manner, against good faith, morality and public order, breach, or attempt to breach, the security measures of the Website or any network connected to the same, or the security or protection measures inherent to the content offered on the Website, or carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of GAMOR.

Failure by the user to comply with any of the aforementioned obligations may lead to GAMOR adopting the appropriate measures in accordance with the law and in the exercise of its rights and obligations, and may lead to the blocking of the offending user, without the possibility of any compensation for the damages caused.

7 RESPONSIBILITIES AND GUARANTEES

GAMOR cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services on the Website, nor the usefulness or veracity of the documentation made available through the Website.

Consequently, GAMOR neither guarantees nor accepts responsibility for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that GAMORestablishes on the Website or through the violation of the Website’s security systems.

Nevertheless, GAMOR declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

In any case, GAMOR reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of the content and/or use of the Website’s services, with or without prior notice, to users who contravene any of the provisions detailed in these Terms of Use, without the user being able to claim any compensation for this reason.

8 SUSPENSION OF THE WEBSITE

GAMOR reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Conditions of Use, without the user being able to claim any compensation for this cause.

9 CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Privacy Policy.

10 GENERAL

The headings of the different clauses are for information purposes only and shall not affect, qualify or extend the interpretation of these Terms of Use. Likewise, GAMOR may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which these Conditions of Use appear or through any type of communication addressed to users.

These Terms of Use shall remain in effect for the time during which they are posted, until such time as they are modified in whole or in part, at which time the modified Terms of Use shall become effective. In the event that any provision of these Terms of Use is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of these Terms of Use.

The failure of GAMOR to exercise or enforce any right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by GAMOR.

11 APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Whenever the regulations in force provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the litigation will be applicable, and we will submit to the Courts and Tribunals, as well as, if applicable, to the consumer arbitration courts or similar courts to which we are adhered at the time the dispute arises.