Fluidra USA (hereinafter referred to as “Fluidra”), with registered office 8525 Mallory Road, 32220 Jacksonville, Florida (USA) is the owner of the website www.fluidra.us (hereinafter referred to as the “Website”).
ACCESS TO AND TERMS AND CONDITIONS OF USE OF THE WEBSITE
The purpose of these Terms and Conditions of Use (hereinafter referred to as the “Terms”) is to provide users with information about Fluidra, its business and products, news that is published and its different business areas.
The Website is provided for information purposes. Browsing the Website and accessing the information published thereon imply the User’s unreserved acceptance of each and every one of these Terms. If you do not accept these Terms, please refrain from using the Website and its content.
At any given time and without prior notice, Fluidra may amend these Terms, all as provided on the Website, by publishing said amendments for the Users’ information before they log on to the Website.
Fluidra may refuse access to the Website by Users who make improper use of the content and/or enter into breach of any of the Terms provided in this document.
Access and use
Access to the Website is free of charge, except for the telecommunications network connection cost as provided by the User’s ISP.
The User hereby undertakes to make diligent use of the Website and the information provided thereon in full compliance with applicable laws and these Terms.
Duty to correct use
Users are entirely responsible for their behaviour when they access the information on the Website and while they are browsing or accessing said information, as well as after they have gained access.
The User hereby undertakes to the correct use of the Website and the tools that are provided in accordance with Law, these Terms, the instructions and notices that are sent and with moral decency and generally accepted good practice and public order.
The User hereby undertakes to use the Website and all the content thereon exclusively for legal purposes that are not forbidden, do not violate current laws and/or that may be damaging for Fluidra’s legitimate rights or those of whatsoever third party and/or that may cause whatsoever direct or indirect damages.
In accordance with the foregoing, the concept of content will include the following, where said list is not considered complete: the texts, photographs, graphics, images, icons, technology, software, links and other audio-visual content, as well as the corresponding graphic design and source code (all of which is hereinafter referred to as the “Content”) in accordance with Law, these Terms, other notices, regulations for use and instructions that are issued, as well as moral decency and generally accepted good practice and public order and, in particular, the User hereby undertakes to refrain from: reproducing, copying, distributing, providing or in whatsoever other way publishing, changing or modifying the Content, unless authorised to do so by the holder of the corresponding rights or unless the User is legally allowed to do so; or, where applicable, it is carried out using the social media buttons provided by FLUIDRA. Accordingly, the User may not remove, change or in whatsoever other way alter the copyright and other data that identify the reservation of FLUIDRA’s rights or whatsoever other technical media established for the recognition thereof.
By way of example but not limited thereto, the User hereby undertakes not to transfer, disseminate or provide to third parties whatsoever information, data, content, message, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, whatsoever type of material owned by this Website and also to refrain from proceeding in a way that:
– induces, encourages or fosters actions that are criminal, defamatory, violent or, in general, against the Law, moral decency and generally accepted good practice and public order;
– are false, ambiguous, inaccurate, exaggerated or unreasonable and which lead or may lead to errors regarding the object, intentions or purposes of the party making the communication;
– are protected by whatsoever third-party industrial or intellectual property rights, where the User has not previously obtained from the holders the authorisation required to proceed as intended;
– where applicable, constitute illegal, deceitful or unfair advertising and, in general, unfair competition or violate the laws that govern the protection of personal data;
– incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of FLUIDRA’s computer network, system or equipment (hardware and software);
– owing to their characteristics (such as format or extension, among others), cause difficulties in the normal operation of the services provided by this Website.
The user will respond for all the damages caused to Fluidra by breach of any of the obligations assumed by virtue of these Terms or laws applicable to the use of the Website.
By way of example but not limited thereto, FLUIDRA hereby declines all liability for the following:
– the use made by Users of the materials on this Website and/or link-up websites, regardless of whether they are forbidden or allowed, when it violates the industrial and/or intellectual property rights that correspond to the contents of the website or third parties;
– damages caused to Users by the normal or abnormal operation of the search tools, the organisation or location of the content and/or access to the Website and, in general, any errors or problems arising from the development or implementation of the technical elements the Website or whatsoever programme provides for the User;
– the content of pages accessed by the Users from links included on the Website, regardless of whether or not they are authorised.
FLUIDRA HEREBY declares that it does not guarantee the following:
– that access to the Website and/or link-up websites will be uninterrupted or give rise to errors.
– that the content or software accessed by the Users via the Website or the link-up websites does not contain errors, computer viruses or other elements that may affect their system or the electronic documents and files stored on their computer system or cause whatsoever other kind of damage.
The information contained on the Website must be considered by Users as provided for the purposes of guidance and dissemination in terms of the purpose and effects thereof, whereby:
FLUIDRA does not guarantee the accuracy of the information contained on the Website and, consequently, declines all liability for damages or inconveniences caused to Users as a result of any inaccuracy contained therein.
Users hereby undertake to browse the Website and use the content provided thereon in good faith.
In accordance with Organic Law 15/1999 on the Protection of Personal Data, we hereby inform you that the personal data you provide to complete any form on this Website or any email you send to our accounts:
1. Will be processed as strictly confidential and will form part of the files owned by Fluidra, which are used for management purposes and to respond thereto, as well as for the corresponding commercial processes and the sending by email of requests for information made via this Website.
By merely logging on to the Website, Users do not provide any personal information whatsoever and are not obliged to do so.
In accordance with current laws on data protection, Fluidra has adopted the appropriate security levels for the data provided by Users and has installed all the means and measures in its power to prevent the loss, misuse, alteration, unauthorised access and extraction thereof.
Rights to access, rectify, cancel and oppose (ARCO rights)
At any time and in accordance with the aforementioned Organic Law, Users may exercise their rights to access, rectify, cancel and oppose their personal data by written request sent by email to email@example.com or by post: FLUIDRA – Legal Department – Avda. Francesc Macià 60, pl. 20 de Sabadell, (Barcelona) SPAIN, visibly indicating, as appropriate, the specific right they exercise and attaching a copy of their national identity document.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Fluidra holds all the rights for the content, design and source code of the Website and, in particular, by way of example but not limited thereto, for the photographs, images, texts, logos, designs, marks, trade names and data included on the Website or application.
Users are hereby informed that said rights are protected by current Spanish and international laws on industrial and intellectual property.
The full or partial reproduction of the Website without express permission in writing from Fluidra is expressly prohibited, including use of hyperlinks, where said prohibition applies to all content.
Furthermore, copying, reproducing, adapting, modifying, distributing, commercialising, publishing and/or proceeding in whatsoever way that violates current Spanish and/or international laws on industrial and/or intellectual property is also fully prohibited, as is the use of the content of the Website or application unless expressly authorised to do so in writing by Fluidra.
Fluidra hereby declares that it does not award whatsoever implicit authorisation or licence for the industrial and/or intellectual property rights for the content included on the Website or application or any other property or right that is directly or indirectly related thereto.
GUIDE FOR SAFE USE:
Do not follow links included in third-party emails or on Websites to access this Website. Occasionally, indiscriminate mass emails are detected, sent from false email addresses with the sole aim of obtaining Users’ confidential information. This technique is known AS “PHISHING”. FLUIDRA hereby declines all responsibility for this matter.
GOVERNING LAW AND JURISDICTION
Access to and use of the Website will be governed by and interpreted in accordance with Spanish law. Whatsoever dispute that may arise between Fluidra and the users of the Website will be heard by the Courts and Tribunals of the city of Barcelona, and the Parties hereby expressly relinquish their right to any other jurisdiction.