Legal Note

The website www.moyca.eu (hereinafter, the “Website”) is the property of MOYCA GRAPES SL (hereinafter, the “COMPANY”), with registered office at: Pol. Ind. El Saladar, C. Arquímedes, s/n, 30850, Murcia (MURCIA) and CIF B73518946.

MOYCA GRAPES, SL welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will be applicable to your browsing on it, in accordance with the provisions of the applicable Spanish regulations.

Given that the company may modify these Terms of Use in the future, we recommend that you visit them periodically in order to be properly informed of the changes made.

With the aim of ensuring that the use of the Website complies with criteria of transparency, clarity and simplicity, MOYCA GRAPES, SL informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting the company by e-mail at [email protected]

1 – Purpose

MOYCA GRAPES, SL 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 form gives you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, and the company reserves the right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Web Site, and therefore, if they do not agree with any of the provisions herein, they should refrain from using this Web Site.

Likewise, you are hereby warned that, on occasions, specific conditions may be established for the use of specific contents and/or services on the Website, and the use of said contents or services will imply the acceptance of the specific conditions specified.

2 – Services

Through the Website, MOYCA GRAPES, SL 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 enquiries by providing their personal details – Links to access social networks (hereinafter the “Services”).

3 – Privacy and Data Processing

When it is necessary to provide personal data in order to access certain contents or services, users will guarantee their truthfulness, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Data Protection Policy section.

4 – Industrial and Intellectual Property

The User recognises and accepts that all the contents shown on the Website and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, are the exclusive property of MOYCA GRAPES, SL and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, licence 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 authorisation specifically granted for this purpose by MOYCA GRAPES, SL or the third party owner of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. MOYCA GRAPES, SL is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation for the use of these elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.

Likewise, it is forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the company reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.

5 – Obligations and Responsibilities of the Website User

The User commits himself/herself to:

To make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order. To provide all the technical means and requirements necessary to access the Website.

To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User will be solely responsible for any false or inaccurate statements made and for any damage caused to the company or to third parties as a result of the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.

b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.

e) Attempting to access, use and/or manipulate the data of the company, third parties, suppliers and other Users.

suppliers and other Users.

f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.

g) Delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.

i) In particular, and by way of example only and without limitation, 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 which:

(i) In any way is contrary to, undermines or infringes fundamental rights and public freedoms recognised constitutionally, in international treaties and in the rest of the legislation in force.

(ii) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.

(v) Induces or is likely to induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.

(vii) Is protected by intellectual or industrial protection legislation belonging to MOYCA GRAPES, SL or third parties without the intended use having been authorised.

(viii) Is contrary to the honour, personal and family privacy or personal image of persons.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or programme that prevents the normal operation of the Website.

If you are provided with a password in order to access any of the services and/or contents of the Website, you commit to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by outsiders. Likewise, he/she undertakes to notify the company of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, MOYCA GRAPES, SL will be exempt from any liability that may arise from the improper use of your password, and will be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.

If, in a negligent or fraudulent manner, you fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all the damages that may arise for MOYCA GRAPES, SL as a result of such non-compliance.

6 – Responsibilities

MOYCA GRAPES, SL does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of the website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

MOYCA GRAPES, SL is not responsible for any decisions that may be taken as a result of access to the content or information offered.

MOYCA GRAPES, SL may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered on it is contrary to these General Conditions of Use. The company will not be liable for any damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that this is notified. In particular, it will not be liable for any damages that may arise, inter alia, from:

(i) interferences, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of the company.

(ii) illegitimate intromissions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or inappropriate abuse of the Website.

(iv) 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.

MOYCA GRAPES, SL excludes any liability for damages of any kind that may be due to the misuse of the services of free availability and use by the Users of the Website. Likewise, the company is exonerated from any liability 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 the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by the company for the damages caused.

You will defend, indemnify and hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. You also agree to indemnify MOYCA GRAPES, SL against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7 – Hyperlinks

The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the MOYCA GRAPES, SL Website, or any of its contents, except with the express written authorisation of the company.

The MOYCA GRAPES, SL 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. Accordingly, the company is not responsible for the content of these websites, nor does it place itself in a position of guarantor and/or provider 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 homepage of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not imply that the company recommends that website or its services or products; (ii) may not misrepresent their relationship with the company or state that the company has authorised such a link, or 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, inciting to violence or discrimination on grounds of sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website address itself, 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. MOYCA GRAPES, SL may request, at any time, that you remove any link to the Website, after which you must immediately proceed to remove it. The company cannot control the information, contents, products or services provided by other websites that have established links to the Website.

Consequently, MOYCA GRAPES, SL assumes no 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 purpose, MOYCA GRAPES, SL will automatically process the Personal Data in compliance with the Personal Data Protection regulations. To do this, the User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as provided in the conditions defined in the Data Protection Policy presented on this Website.

9 – Cookies

MOYCA GRAPES, SL reserves the right to use “cookie” technology on the Website, in order to recognise you as a frequent User and to personalice 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 his or her computer, and do not in themselves provide the user’s personal data.

Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can delete cookies by consulting your browser’s instructions for use.

Thanks to cookies, it is possible for the company to recognise the browser of the computer used by the User in order to provide content and show their browsing and advertising preferences, as well as to recognise their demographic profiles in order to measure visits and traffic parameters, monitor progress and number of entries.

10 – Duration and ending

The provision of the service of this Website and the other services have in principle an indefinite duration. However, the company may end or suspend any of the services of the portal. Whenever possible, the company will announce the end or suspension of the provision of a specific service.

11 – Declarations and Guarantees

In general, the contents and services offered on the Website are for information purposes only. Consequently, by offering them, MOYCA GRAPES, SL does not grant any guarantee or statement in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such statements and guarantees can not be excluded by law.

12 – Force majeure

MOYCA GRAPES, SL will not be responsible in all cases of impossibility to provide service, if this is due to prolonged interruptions of electricity 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 all matters not provided for in these conditions in terms of interpretation, validity and execution.

MOYCA GRAPES, SL and the User, expressly waiving any other jurisdiction, submit to the Judges and Courts of Murcia for any dispute that may arise from the existence, interpretation or application of these General Conditions; except in cases where 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 provision of these General Conditions of Use should be unenforceable or invalid under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity will not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, MOYCA GRAPES, SL 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 intention reflected in the original stipulation.