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GENERAL CONDITIONS

GENERAL CONDITIONS OF WEBSITE: WWW.MONGOMAR.COM

1.- AIM.

These conditions for general use (henceforth CGU), regulate the access and use of the Website under the domain www.mongomar.com (henceforth Website), owned by “MONGOMAR, S.L.” (henceforth MONGOMAR), made availablel of the users (henceforth User/s).

If you have any questions or concerns regarding the use and access to the Website or these General Conditions, you can send an email with your request and contact information to info@mongomar.com. You can also contact us by ordinary mail, addressing your request and contact information to “MONGOMAR, S.L.”, Calle Marques de Campo 54 2º, 03700 (Alicante).

2.- ACCORDANCE WITH THESE GENERAL CONDITIONS:

The use of this Website implies the full acceptance by the User of the existing CGU at the time the User accessed this Website. If any of the conditions established herein are not accepted, the User should abstain from using the Website.

Accordingly, the User should carefully read the CGU each time he decides to use the Website.

In any case, MONGOMAR reserves the right to modify, without prior notice and at any time the CGU. Similarly, MONGOMAR reserves the right to suspend, interrupt, or cease to operate the Website at any time.

By “Website use”, it is meant all Users accessing and navigating on the Website independently of whether they have completed registration forms.

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

The access to the Website, and/or the Contents included, does not imply any kind of guarantee with respect to adequacy of the Website, and/or the Contents included, for specific or particular aims of the Users.

MONGOMAR may establish additional limitations and/or conditions for use and/or access to the Website and/or the Contents, which should be observed at all times by the 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 connection through the telecommunications network contracted by the User.

The User admits to being over the age of eighteen years, therefore, the User is conscious of and accepts, voluntarily and explicitly, that the use of the Website is done, at all times, under his/her sole and exclusive responsibility.

The User is obliged to comply with the CGU, as well as, to comply with the special notices or instructions found on the Website and always to act according to the law, good practice and the responsibilities of good faith, employing their maximum attention considering the nature and compensation of the service the User enjoys. In respect thereof, the User will abstain from using the Website in any way, that may impede, damage or deteriorate the normal functioning of this, the property or right of MONGOMAR, suppliers, distributers, other Users, or any third party in general.

Specifically and not causing any restriction to the obligation assumed by the User, in general, complying with the previous section, the User is obliged during the use of the Website:

a) Not to introduce, store or broadcast on, or from the Website, any information or material, defamatory, offensive, obscene, threatening, xenophobic, pornographic, apologia for terrorism, which incites violence, race, sex, ideology, religion discrimination or,  in some way, which subverts public order, fundamental rights, public liberty, honour, privacy or the appearance of third parties and, in general, the current legislation.

b) Not to introduce, store or broadcast via the Website any computer program, data, virus, code or any other instrument or electronic or physical device capable of causing harm to the Website, any of the services, or any of the equipment, systems or networks of MONGOMAR, of any User, of the Suppliers or Distributers of MONGOMAR or in general of any third party, capable of causing any type of alteration or impede the normal functioning of the same.

c) Not to introduce, store or broadcast via the Website any content that infringes intellectual and industrial property right or the rights of a third party, or in general any content to which they do not exercise the rights in accordance with the law to disseminate to third parties.

3.2.- Access and Use of Content.

The Contents of the Website are available for the User with information sourced from its own and third parties.

MONGOMAR ensures that the Contents are of the highest quality possible and are reasonably updated, but does not guarantee the usefulness, accuracy, comprehensiveness, pertinence and/or relevance of the Contents.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

Via the CGU, no intellectual or industrial property rights whatsoever to the Website or any of its integrated elements are conceded, and are expressly forbidden to the User their reproduction, transformation, public communication, making available, extraction, reutilisation, resending, or the utilisation in any form, through any medium or procedure, by any of them, unless in those cases where it is legally permitted or is authorised by the owner of these rights.

The User will be able to view the data and obtain a temporary private copy of the Contents for their exclusive personal and private use on their computer systems (software and hardware), as long as it is not with the intention of undertaking activities of a commercial or professional nature. The User should abstain from obtaining, or attempting to obtain, the Contents through means or procedures different to those that in each case are available or provided or those which the User usually use on the Internet (as long as these latter do not pose a risk of damage or deactivation of the Website). The User should respect, at all times, all of the rights to intellectual and industrial property concerning the Website, owned by MONGOMAR or third parties.

4.-  Disclaimer of Guarantees and Responsibility.

4.1.- Disclaimer of Guarantees and Responsibility for the Functioning of the Website.

MONGOMAR does not guarantee the availability and continuity of the functioning of the Website and the services and Contents found in it, nor the content on your Website is updated, being exonerated from all responsibility for damages or harm arisen from such circumstances.

MONGOMAR shall carry out, as long as circumstances do not occur making it impossible or of difficult implementation, and as soon as having been notified of the errors, disconnections and/or lack of updating of the Contents, all those actions meant to rectify the errors, re-establish communication and/or update the referred to contents.

Likewise, MONGOMAR does not guarantee either the technical reliability of its Website, nor the access to its different pages, and in the same way being exonerated of all responsibility for any damages or harm of any nature arisen from this cause.

Furthermore, MONGOMAR does not take responsibility for the possible security errors or deficiencies which may arise from use of a browser by a User that was not properly updated or secured, or for the damages, errors or inaccuracies that may arise from the malfunctioning of it.

With the aim of reducing the risk of introducing a virus onto the Website, use virus detection programs to control all of the Contents that are introduced to the Website. Nevertheless, MONGOMAR does not guarantee the absence of viruses, or other elements on the Website introduced by third parties external to MONGOMAR that may cause alterations to the hardware or software systems of the Users or in the digital documents and catalogues contained within its systems. As a result, MONGOMAR will not be under any circumstances responsible of any damages or harm of any nature that may derive from the presence of a virus or other elements that can produce alterations in the digital or logical systems, files or catalogues of the Users.

MONGOMAR employs various protection measures to protect the Website, the gathered data and the Contents against digital attacks from third parties. Nevertheless, MONGOMAR does not guarantee that unauthorised third parties could have access to the type of browser and use of the Website enjoyed by the User or the conditions, characteristics and circumstances in which they are made. As a result, MONGOMAR will not be, in any case, responsible for the damages or harm that may be derived from such unauthorised access.

MONGOMAR will not be, in any case, responsible for the use that the Users and/or third parties could make of the Website or the Contents to, nor the damages and harm that could derive from the same.

4.2.-  Disclaimer of Guarantees and Responsibility for the Contents.

MONGOMAR does not edit Contents published by third parties on the Website and, as a consequence, does not guarantee nor make itself responsible for the legality, reliability, usefulness, veracity, accuracy comprehensiveness and relevance of such Content, as well as the Contents owned by MONGOMAR. MONGOMAR will not be, in any circumstances, responsible for any damages or harm that may be derived from: (i) the absence of legality, responsibility, accuracy, comprehensiveness and/or relevance of the Contents originating from third parties and itself; (ii) the inadequacy for any reason and the disappointing of expectations surrounding the Contents; (iii) decisions or actions taken or avoided on the part of the User trusting in the information or data provided in the Contents, including without limitation the loss of profits or business opportunities.

5.- HYPERLINKS.

Those people who propose to establish Hyperlinks between their web page and the Website should observe and comply with the following conditions:

a) It will not be necessary to seek prior authorisation when the Hyperlink only allows access to the homepage of the Website, but will not be able to reproduce it in any way. Any other type of Hyperlink will require the unequivocal, express and written authorisation from MONGOMAR.

b) The website, on which the Hyperlink is established can only contain strictly the necessary to identify the destination of the Hyperlink.

c) The website, on which the Hyperlink is established, shall not contain illicit information or content, contrary to morality and generally accepted good practice and to public order, as well as not containing content contrary to any rights of third parties.

d) MONGOMAR reserves the right to block the Hyperlinks addressed to the Website that do not have previous express permission even when complying with the provisions described in this point of the General Conditions.

6.- ACTIONS IN CASE OF NON-COMPLIANCE.

MONGOMAR reserves the right to exercise all lawful available action to demand the responsibilities that derive from the non-compliance of any of the provisions of these General Conditions of the Website by a User.

7.- PARTIAL NULLITY.

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

8.- APPLICABLE LAW AND JURISDICTION.

The present CGU govern in accordance with Spanish legislation.

Any controversy relative to the terms of use and access to this Website contained in the present document of the CGU of the Website, the parties submit, expressly foregoing any other jurisdiction that may correspond to them, unless legal necessity determines otherwise, to the Courts of Dénia.

9.- NOTIFICATIONS.

For the purposes of notifications, MONGOMAR designates as point of contact that specified in the Legal Notice.

The email provided by the User during the registration process on the Website, shall be used by MONGOMAR to affect the practice of notifying the User.

The User is obliged to diligently maintain those details respecting to notifications referenced in this here clause.

All the Notifications affected by MONGOMAR to the User shall be considered legitimately affected if they have been made employing the details and through the means previously indicated. MONGOMAR will not be responsible for any harm that could pass due to the violation of the User in their obligation to maintain their contact details updated.

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