GENERAL CONDITIONS OF ACCESS AND USE

The owner of the website www.elarboldelcacao.com (“Website”) is the company EL ÁRBOL DEL CACAO, S.L. (“ÁRBOL DEL CACAO”), whose identification data are the following:

 

Registered address: C/ Hospital, 1, 08770 Sant Sadurní d’Anoia (Barcelona, Spain)

VAT Number: B-65.817.637

E-mail: info@elarboldelcacao.com

Telephone: (+ 34) 93.891.01.40

Registry data: recorded in volume 43.333, fol. 180 and sheet number B-425.473 of the Commercial Registry of Barcelona

 

Access to the Website

 

These General Conditions of Access and Use regulate access and use of the users to the Website and their purpose is to provide them with information regarding ÁRBOL DEL CACAO, its products and services.

 

Access and use of the Website by the user implies the acceptance of these General Conditions of Access and Use, as well as Website’s Privacy Policy.

 

User should read carefully the General Conditions of Access and Use and the Privacy Policy every time he/she intends to use the Website, as these can be adapted and/or modified at any time. If you do not accept the General Conditions of Access and Use, please refrain from using the Website and its content.

 

Use and operation of the Website

 

User undertakes to make diligent use of the Website, and of the information regarding the products and services contained therein, and to comply entirely with applicable legislation and the General Conditions of Access and Use, and, as the case may be, any other conditions set forth by ÁRBOL DEL CACAO on the Website.

 

Moreover, user undertakes not to carry out any act that may damage, make the Website useless and/or overcharge the Website, or that may prevent, in any form, its usual use and operation.

 

User is informed that, in the event that he/she may infringe the General Conditions of Access and Use, the Privacy Policy or, as the case may be, any other terms or conditions detailed on the Website, ÁRBOL DEL CACAO is entitled to limit, suspend and/or terminate his/her access to the Website, adopting any technical measure that may be necessary for such purposes.

 

ÁRBOL DEL CACAO makes its best efforts to keep the Website in good working order, prevent errors or remedy them, if they arise, amend them, and keep the content of the Website up-to-date. However, ÁRBOL DEL CACAO does not warrant the availability or continued access to the Website, that there are no errors in its contents or that its contents are up-to-date.

Liability

User’s access to the Website and use of any information it contains are carried out solely at his/her own risk.

ÁRBOL DEL CACAO shall not be liable for any losses and/or damages that may arise, directly or indirectly, from access to, or use of, the information contained on the Website and, especially, when they are attributable to third parties other than ÁRBOL DEL CACAO, including, but not limited to, those produced in the computer system or resulting from the introduction of a virus and/or hacking and also shall not be held liable either for the damages and/or harm suffered by users due to an inappropriate use of the Website, nor for the falls, interruptions, absence or fault in the communications and/or Internet.

In addition, ÁRBOL DEL CACAO shall not be held liable for any damage and/or harm caused to the software and/or hardware of user arising from access and use of the Website.

User shall be held liable of the damages and prejudices of any kind that ÁRBOL DEL CACAO may suffer as a consequence of the infringement of any obligations that are subject to these General Conditions of Access and Use, other conditions provided on the Website and/or the law in force in each moment.

Policy on Hyperlinks

 

a) Links to the Website

 

Should third parties wish to include a link to the Website on a website (“Linking Site”), they shall comply with the law in force and shall not, in any way, house content of its own or of third parties that: (i) is unlawful, harmful, violent, racist, degrading, etc.; and/or (ii) results inappropriate or not pertinent in connection with the activity of ÁRBOL DEL CACAO.

In any event the link means that ÁRBOL DEL CACAO endorses, promotes, guarantees, supervises and/or recommends the content and/or services of the Linking Site nor that it is liable for its content.

In the event of infringement of any of the above-referred terms, ÁRBOL DEL CACAO shall, immediately, revoke the consent granted to the Linking Site, which shall delete said link.

b) Links to other Websites

 

It is possible to include links to the Website that allow the user to access to other websites (“Linked Sites”).

In any event the Linked Sites imply recommendation, promotion, identification and/or approval by ÁRBOL DEL CACAO of any statements, content and/or services provided through the Linked Sites. As a consequence thereof, ÁRBOL DEL CACAO shall not be held liable for the content and other conditions of Linked Sites, being the user the sole responsible to verify and accept them every time that he/she may access and use them.

Intellectual Property

 

All copyright over designs, databases and software (including source codes), as well as all the elements contained in the Website (texts, graphics, photography, videos, audible recordings, colours combinations, and so on) [“Content”], its structure, selection and organization, are owned by ÁRBOL DEL CACAO or its licensors. All Website’s distinctive signs (brands and trade names) are owned by ÁRBOL DEL CACAO or its licensors.

Access and use and access of the Website by the user do not imply the assignment of any intellectual right over the Website and the Content.

 

The reproduction, transformation, distribution, public communication, disposal, removal and/or any other expressly unauthorised way of disseminating the Website, its Content and/or ÁRBOL DEL CACAO’s distinctive signs is expressly forbidden.

 

Unauthorized use of the Content and any damage caused to ÁRBOL DEL CACAO’s intellectual property rights may result in ÁRBOL DEL CACAO taking whatever action to which it may be entitled by law, and in any liabilities that may arise thereof.

 

Invalidity

 

Should any clause in these General Conditions of Access and Use be declared totally or partially invalid or ineffective, such invalidity or inefectiveness will only affect that provision or part thereof which is null or void, and the General Conditions of Access and Use shall remain in force in all other respects, the provision or part thereof that is affected being deemed non-existent. Accordingly, only the invalid or ineffective provision of the General Conditions of Access and Use shall cease to be valid, and no other part or provision of these General Conditions of Access and Use shall be annulled, invalidated or adversely or otherwise affected by such invalidity or ineffectiveness, unless, due to being essential to the purpose hereto, it unavoidably affects the General Conditions of Access and Use as a whole.

 

LanguageThe General Conditions of Access and Use are written in Catalan, Spanish and English. In case of discrepancies between such versions, the Catalan version shall prevail.

 

Applicable Legislation and Jurisdiction

 

The General Conditions of Access and Use shall be governed and interpreted in accordance with Spanish law.

Any dispute arisen between ÁRBOL DEL CACAO and the users of the Website shall be settled by the Courts and Tribunals of the city of Barcelona (Spain) and the parties expressly waive any other jurisdictions to which they may be entitled.