One: Ownership of the portal
Pursuant to Article 10 of the 34/2002 ACT on Information society services and e-commerce, please be advised that FUNDILUSA FUNDIÇOES PORTUGUESAS, LDA., (hereinafter FUNDILUSA), with registered offices at Zona Industrial Campos, Polo 1,Vilanova de Cerveira, Portugal, Tax ID PT 502.202.351, and listed on Mat.Cons.Reg. Com. V.N. Cerveira, nº 502.202.351, is the owner of the portal www.fundilusa.com and makes it available to internet users in order to provide information on the company and its products.
Two: Regulations applicable to the general conditions
These general conditions for website access have been produced according to the provisions of the 34/2002 Act on information society services and e-commerce, the 7/1998 Act on General Contract Conditions, Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Consumer and User Defence Act and other additional laws, Retail Trade Classification Act 7/1996, Electronic Signature Act 59/2003 and any other applicable legal provisions.
Three: Applicability and validity of the general conditions
These general conditions seek to control access to and use of the website. FUNDILUSA reserves the right to modify the presentation and configuration of the website and of the contents and services included therein at any time without prior notice. Users acknowledge and accept that FUNDILUSA may interrupt, disable and/or cancel any of the contents and/or services included on its website at any time.
Any condition contrary to those included in this document posed by the customer shall not have effect with regards to FUNDILUSA except where expressly accepted by the company.
The latest version of the general conditions can be consulted whenever required at the e-mail address email@example.com. Where users decide not to accept the current conditions, they must abstain from accessing the website and/or using the contents and/or services available therein.
Four: Obligations of users
Users must abide by these conditions and with the special warnings or instructions for use contained herein and must always act according to the law, good practice and the demands of good faith, using the appropriate diligence for the nature of the service and abstaining from using the portal in any manner that may prevent, damage or hinder its normal working order or the assets or rights of FUNDILUSA, its suppliers, the remaining users or, in general, any third party.
More specifically, including yet without limitation, users must:
- not use false identities or take the identity of others when using any of the portal services.
- if registered, users must provide truthful data and keep them up to date.
- not destroy, alter, use for their own use, render useless or damage the data, information, programs or electronic documents belonging to FUNDILUSA, its suppliers or third parties.
- not introduce, store or distribute, either in or from the portal, any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that could cause damage to the store or to any of the services or any of the equipment, systems or networks of FUNDILUSA.
- not introduce, store or distribute, through the portal, any contents that are in breach of intellectual or industrial property rights or business secrets of others or, in general, any contents for which they are not legally entitled to provide for others.
- not undertake advertising, promotional or commercial activities through the www.fundilusa.com portal, not using the contents and, more particularly, the information obtained through the portal to send advertising, messages for direct sales purposes or any other commercial purpose or to collect or store the personal details of third parties.
Users shall respond for any amount that FUNDILUSA must pay as a result of an administrative decision, binding court sentence or transactional agreement seeking to compensate third parties for any damage caused by a breach of any of the aforementioned conducts.
Five: Responsibility of the owner of the domain
Except where otherwise expressly legally or contractually indicated, users expressly acknowledge and accept that FUNDILUSA does not grant any kind of guarantee of any nature, whether it is express or implicit, on the www.fundilusa.com portal and/or the contents and services included therein.
FUNDILUSA shall be solely responsible for the damages that users may suffer as a result of use of the portal when said damage is attributable to a fraudulent action by this company. Users acknowledge and accept that the portal shall be used at their own risk and responsibility.
FUNDILUSA is not responsible for any damages that may arise from the following list, which includes but is not limited to:
- interferences, omissions, interruptions, computer viruses, faults and/or disconnections in the operating of the electronic system or in the computer appliances and equipment of users that prevent or delay the provision of services or browsing using the system.
- delays in or blocks on use caused by internet deficiencies or overloads or those in other electronic systems.
- failure to provide the service or to permit access for causes due to the user, to third parties or to cases of force majeure.
- FUNDILUSA does not generally control the use that users may make of the portal.
- More specifically, FUNDILUSA under no circumstances guarantees that the use made by users of the service is in line with these general conditions, with the law, with morality and public order, nor that said use will be made diligently and sensibly.
Six: Force Majeure
Notwithstanding the above, FUNDILUSA shall not be responsible for any delays or faults arising in the access to or functioning and operating of the portal, its contents and/or services or for any interruptions, suspensions or malfunctioning thereof when these are due to faults produced by natural catastrophes such as earthquakes, flooding, lightning or fires, situations of force majeure, emergency situations such as wars, military operations, civil disturbance, strikes, lockouts or any other situation of force majeure or natural cause.
Seven: Personal data protection
FUNDILUSA guarantees the security and confidentiality of the personal details provided by users in compliance with the provisions of Spanish Data Protection Act 15/1999 of 13 December, the personal details being included in a computerised file for which FUNDILUSA is responsible for use in the tax, accounting and administrative management of the contractual relationship and for the sending of commercial information on our products and services.
Users may, at any time, access, amend and, where applicable, cancel their details and oppose their treatment by indicating as such in writing to FUNDILUSA FUNDIÇOES PORTUGUESAS, LDA., Zona Industrial Campos, Polo 1,4920-012 Vilanova de Cerveira, Portugal. FUNDILUSA agrees to respect confidentiality when using the data included in the file and to use said data for the purpose of the file.
Eight: Intellectual and industrial property
All of the contents shown on this portal are subject to intellectual and industrial property rights of FUNDILUSA or of other third parties owners thereof who have duly authorised their inclusion in the on-line system.
Under no circumstances shall any licence be considered granted or any waiver, transmission, total or partial transfer of said rights made and no right or expectant right is granted, particularly regarding the alteration, use, reproduction, distribution or public communication of the contents shown on the website without the prior, express authorisation of FUNDILUSA or of the corresponding owners.
Nine: Information on cookies
By merely browsing and/or using the functions of the website, users agree to - according to the configuration selected regarding the privacy options provided by their browser - the installation of the cookies used on this website.
The following methods can be used for any communications required between FUNDILUSA and the user:
- telephone: +351 251700 200
- e-mail: firstname.lastname@example.org
Users expressly agree to use e-mail as a valid procedure for all communications relating to the use of the portal.
These general conditions are governed by Portuguese law, which shall be applicable for all areas not included in these conditions regarding interpreting, validity and execution.
The parties expressly waiver any local law that may correspond and are subjected to the Courts of the city of Vila Nova de Cerveira, which shall be solely authorised to solve any legal issues arising from the interpreting, formalisation or execution of any of the clauses of the conditions and users of the portal.