TERMS OF USE


1. PURPOSE


These general terms of use (hereinafter GTU), regulate the access and use of the Website under the domain www.rolser.com (hereinafter Website), owned by “ROLSER, S.A.” (hereinafter ROLSER), made available to the users (hereinafter User(s)).

If you have any doubts or queries related to the use and access to the Website or to the present GTU, you can contact us through the contact details published in the Legal Notice.


2. AGREEMENT WITH THESE GENERAL TERMS AND CONDITIONS


The use of the Website implies full acceptance by the User of the GTU in force at the time the User accesses the Website. Therefore, if you do not agree with any of the terms and conditions set forth herein, you should refrain from using this Website.

Consequently, the User must read the GTU carefully each time he/she intends to use the Website.

In any case, ROLSER reserves the right to modify the GTU at any time without prior notice. Furthermore, ROLSER reserves the right to suspend, discontinue or cease operation of the Website at any time. By “use of the Website”, we mean any User who accesses and browses the Website regardless of whether or not he/she fills in the registration forms.


3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS



ROLSER may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must in all cases be observed by Users.


3.1. ACCESS AND USE OF THE WEBSITE


Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.

The User acknowledges that he/she is over eighteen years of age and is also aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.

The User undertakes to comply with the GTU, as well as to comply with any special warnings or instructions contained on the Website and to always act in accordance with the law, good customs, and the requirements of good faith, using his or her best efforts taking into account the nature and consideration of the service he or she enjoys. To this end, Users shall refrain from using the Website in any way that may impede, damage, or deteriorate the normal functioning of the same, the goods or rights of ROLSER, its suppliers, its distributors, the rest of the Users or any third party in general.

Specifically and without implying any restriction on the obligation assumed by the User in accordance with the preceding section, when using the Website the User undertakes to:

  1. Not enter, store, or disseminate on or from the Website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, pornographic, in support of terrorism, inciting violence, discrimination on grounds of race, gender, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, the regulations in force.

  2. Not enter, store, or disseminate through the Website any computer programme, data, virus, code or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of ROLSER, of any User, of the Suppliers or Distributors of ROLSER or in general of any third party, capable of causing any type of alteration or preventing the normal operation of the same.

  3. Not enter, store, or disseminate through the Website any content that infringes the intellectual or industrial property regulations or the rights of third parties, or in general any content for which the User does not hold, in accordance with the law, the right to make available to third parties.


3.2. ACCESS AND USE OF CONTENTS


The Contents of the Website are made available to the User with information from both own and third party sources.

ROLSER endeavours to ensure that the Contents are of the highest possible quality and are reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.


4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS


No intellectual or industrial property rights over the Website or any of its constituent elements are transferred by means of these GTU, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending, or using any of them by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying out activities of a commercial or professional nature. The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damaging or disabling the Website). The User must at all times respect all intellectual and industrial property rights over the Website, whether owned by ROLSER or by third parties.


5. EXCLUSION OF GUARANTEES AND LIABILITY


5.1 EXCLUSION OF GUARANTEES AND LIABILITY FOR THE OPERATION OF THE WEBSITE

ROLSER does not guarantee the availability and continuity of the functioning of the Website and of the services or Contents offered therein, nor that the contents existing on its Website are up to date and is exonerated from any liability for damages of any nature that may arise from such circumstances.

ROLSER will carry out all those tasks aimed at rectifying the errors, re-establishing communication and/or updating the aforementioned contents, provided that there are no circumstances that prevent or complicate the performance and will do as soon as it becomes aware of any errors, disconnections and/or lack of updating of the contents.

Likewise, ROLSER does not guarantee the technical reliability of its Website, nor access to its different pages, and is likewise exonerated from any liability for damages of any kind that may arise for this reason.

Furthermore, ROLSER shall not be liable for any possible errors or security deficiencies that may occur due to the use by the User of a browser with an out-of-date or insecure version of the same or for any damage, errors or inaccuracies that may result from the malfunctioning of the browser.

In order to reduce the risk of viruses being introduced into the Website, said platform uses virus detection software to check all the Content that it enters into the Website. However, ROLSER does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to ROLSER that may cause alterations in the physical or logical systems of the Users or in the electronic documents and files stored in their systems. Consequently, ROLSER shall in no case be liable for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents, or files of the Users.

ROLSER adopts various protection measures to protect the Website, the data gathered and the Content against computer attacks by third parties. However, ROLSER does not guarantee that unauthorised third parties will not have access to the type of use or browsing of the Website by the User or the conditions, characteristics, and circumstances in which it is carried out. Consequently, ROLSER shall in no case be liable for any damages that may arise from such unauthorised access.

ROLSER shall not be liable under any circumstances for the use that Users and/or third parties may make of the Website or the Contents, nor for any damages that may derive from the same.


5.2 EXCLUSION OF GUARANTEES AND LIABILITY FOR CONTENT


ROLSER does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of said Contents, nor for the Contents owned by ROLSER. ROLSER shall in no case be liable for any damages that may arise from: (i) the lack of lawfulness, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own; (ii) the unsuitability for any purpose and the disappointment of expectations generated by the Contents; (iii) decisions or actions taken or avoided by the User in reliance on the information or data provided or provided in the Contents, including without limitation lost profits or business opportunities.


6. HYPERLINKS


Persons intending to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:

i) Prior authorisation is not required where the Hyperlink only allows access to the home page of the Website but may not reproduce it in any form. Any other form of hyperlink requires the express and unequivocal written authorisation of ROLSER.

ii) The Website on which the hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.

iii) The Website in which the hyperlink is established will not contain information or content that is illegal, contrary to morals, generally accepted good customs and public order, neither will it contain content contrary to any third party rights.

iv) ROLSER reserves the right to block hyperlinks to the Website that do not have express prior authorisation, even if they comply with the provisions of this point of the General Terms and Conditions.


7. ACTIONS IN THE EVENT OF A NON-COMPLIANCE


ROLSER reserves the right to exercise whatever actions are legally available to demand the responsibilities derived from the breach by the User of any of the provisions of these General Terms and Conditions of the Website.


8. PARTIAL NULLITY


The declaration of any of the clauses contained in these General Terms and Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.


9. APPLICABLE LAW AND JURISDICTION


These GTU shall be governed in accordance with Spanish law.

For the resolution of any dispute relating to the conditions of use and access to this Website contained in this document of the Website’s GTU, the parties submit, expressly waiving any other jurisdiction to which they may be entitled, unless otherwise determined by law, to the Courts of Denia.


10. NOTIFICATIONS


ROLSER designates the address specified in the Legal Notice as the contact address for the purposes of delivering the pertinent notifications.

The e-mail address provided by the User during the registration process on the Website will be used by ROLSER for the purpose of sending notifications to the User.

The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.

All Notifications made by ROLSER to the User shall be deemed to have been validly delivered if they have been made using the data and by the means indicated above. ROLSER shall not be liable for any damage that may arise from the User’s failure to keep their contact details up to date.