The website www.realtracksystems.com (hereinafter, the “Website”) is owned by REALTRACK SYSTEMS, S.L (hereinafter, the “COMPANY”), with registered office at: C/Guinea nº 2, 04009 – Almería ( ALMERIA) and CIF B04648374. Registered in the Mercantile Registry of Almería, Folio 109, Volume 1268, Sheet AL-33568, 1st Inscription.
The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Given that the COMPANY could modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and resolved by contacting the COMPANY through the email email@example.com
The COMPANY provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way gives you the qualification of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force on each of the occasions in which they access this Website, so that, if they do not agree with any of the same provided here , you must refrain from using this Website.
Likewise, you are warned that, on occasion, particular conditions may be established for the use of specific content and/or services on the Website, the use of said content or services will imply acceptance of the particular conditions specified therein.
Through the Website, the COMPANY offers Users the possibility of accessing:
Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing your personal data – Links to access social networks (hereinafter the “ Services”).
3. PRIVACY AND DATA PROCESSING
When for access to certain content or services it is necessary to provide personal data, Users will guarantee its veracity, accuracy, authenticity and validity. The COMPANY will give said data the corresponding automated treatment based on its nature or purpose, in the terms indicated in the Data Protection Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs that may be used industrially and/or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of the COMPANY and /or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way 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 Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for 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 affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights of copyright by the legislation on intellectual property. The COMPANY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the aforementioned Entity.
Likewise, it is prohibited to suppress, elude and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the COMPANY the exercise of whatever means or legal actions correspond to it in defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
The User agrees to:
Make proper and lawful use of the Website, as well as its content and services, in accordance with:
(i) the applicable legislation at all times;
(ii) the General Conditions of Use of the Website;
(iii) morality and generally accepted good customs and
(iv) public order. Provide all the means and technical requirements that are needed to access the Website.
Provide truthful information by filling in the forms contained on the Website with your personal data and keeping them updated at all times in a way that 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 by the information provided.
However, as established in the previous section, the User must also refrain from:
Make unauthorized or fraudulent use of the Website and/or its contents 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, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored in any computer equipment.
Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for said access.
Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, and its suppliers or third parties.
Attempt to access, use and/or manipulate the data of the COMPANY, third-party providers and other Users.
Reproduce 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 this is legally permitted.
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 content, as well as the technical protection devices or any information mechanisms that may be inserted in the content .
Obtain and try to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, of those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or its contents.
In particular, and merely indicative and not exhaustive, 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:
In any way, it is contrary, disregards or violates the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.
Induce, incite or promote criminal, denigratory, defamatory, violent actions or, in general, contrary to the law, morality, generally accepted good customs or public order.
Induce, incite or promote discriminatory actions, attitudes or thoughts based on 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 get involved in dangerous, risky or harmful practices for health and mental balance.
It is protected by the legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without the intended use having been authorized.
It is contrary to honor, personal and family privacy or the image of people.
Constitute any type of advertising.
Include any type of virus or program that prevents the normal functioning of the Website.
If you are provided with a password to access some of the services and/or contents of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or content by outsiders. Likewise, you are obliged to notify the COMPANY of any fact that may lead to an improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the above notification is not made, the COMPANY will be exempt from any liability that may arise from the improper use of its password, being its responsibility any illicit use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said breach for the COMPANY.
The COMPANY does not guarantee continuous access, nor the correct display, download or use of the elements and information contained in the pages of the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for the decisions that may be adopted as a result of access to the content or information offered.
The COMPANY may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein are contrary to these General Conditions of Use. The COMPANY does not responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for removing, as soon as possible, the content that may cause such damage, provided that it is notified. In particular, it will not be responsible for the damages that may derive, among others, from:
interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or for any other cause beyond the control of the COMPANY.
Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
improper or inappropriate abuse of the Website.
Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, totally or partially, any content or information present on the Website.
The COMPANY excludes any responsibility for damages of any nature that may be due to the misuse of the services freely available and used by Website Users. Likewise, the COMPANY is exempt from 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 query and doubt services. On the other hand, in case of causing damages due to illegal or incorrect use of said services, the User may be claimed by the COMPANY for the damages or losses caused.
You will defend, indemnify and 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 Website. Likewise, you agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or for any other action by you that imposes an unreasonable burden on the operation of the Website.
The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the COMPANY’s Website, as well as any of its contents, unless expressly authorized in writing by the COMPANY.
The COMPANY’s Website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. In accordance with this, the COMPANY is not responsible for the content of said websites, nor is it in a position of guarantor or/or offering party of the 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 websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) they may not misrepresent their relationship with the COMPANY or affirm that the COMPANY has authorized such a link, nor include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. The COMPANY may request, at any time, to remove any link to the Website, after which you must immediately remove it. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, the COMPANY does not assume any type of responsibility for any aspect related to such websites.
8. DATA PROTECTION
To use some of the Services, Users must previously provide certain personal data. For this, the COMPANY will automatically process the Personal Data in compliance with the Personal Data Protection regulations. For this, the User can access the policy followed in the treatment of personal data, as well as the establishment of the previously established purposes, as provided in the conditions defined in the Data Protection Policy presented on this Website.
The COMPANY reserves the right to use “cookie” technology on the Website, in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or more desired or specific content.
The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and their computer, and do not provide the user’s personal data by themselves. Cookies are files sent to a browser through a Web server to record the User’s navigation on the Website, when the User allows their reception. In turn, you can delete the “cookies” for which you should consult the instructions for use of your browser.
Thanks to cookies, it is possible for the COMPANY to recognize the browser of the computer used by the User in order to provide content and show their browsing and advertising preferences, as well as recognize their demographic profiles to measure visits and traffic parameters, control progress and number of entries.
10. DURATION AND TERMINATION
The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the portal services. When possible, the COMPANY will announce the termination or suspension of the provision of the given service.
11. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered on the Website are of a
informational only. Therefore, by offering them, the COMPANY does not grant
guarantee or declaration in relation to the contents and services offered in the
Website, including, without limitation, guarantees of legality, reliability, usefulness,
truthfulness, accuracy, or merchantability, except to the extent that by law they cannot be
exclude such representations and warranties.
12. FORCE MAJEURE
The COMPANY will not be responsible at all in case of impossibility of providing service, if this is due to prolonged interruptions of the electrical 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.
13. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation, which will be applicable in matters not provided in these conditions in terms of interpretation, validity and execution.
REALTRACK SYSTEMS, S.L and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of ALMERIA for any dispute that may arise from the existence, interpretation or application of these General Conditions; Except in cases in which the user has the status of consumer or user in accordance with the applicable Laws, in which this clause will not be applicable.
In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a result of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null altogether. In such cases, REALTRACK SYSTEMS, S.L will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.