Company name: HIMOINSA SL
Address: Calle Edison 57, Polígono Industrial Las Mezquitas, Getafe, Madrid. Postcode: 28906
Tax identification number (NIF): B-80540222
Madrid Companies Registry details: Volume: 6012, Folio: 212, Sheet M-98319
Last updated: 28/01/2013
1. This legal notice (hereinafter, the "Legal Notice") regulates use of the service provided by the "himoinsa.com" Internet portal (hereinafter, the "Portal") of HIMOINSA S.L, a Spanish company with registered offices at Calle Edison 57, Polígono Industrial Las Mezquitas, Getafe, Madrid, and tax identification number (NIF) B-80540222.
2. The terms and conditions below set out the basis for use of the services of this portal. By registering on this portal and using the services provided, the user declares that they are enjoying the information services provided by the HIMOINSA S.L. portal, in accordance with current legislation and these terms and conditions. If you should decide at any time that you do not accept the terms and conditions under which this Service is provided, you must cease using these pages. This legal information complements the Personal Data Protection Policy set out elsewhere on this portal.
3. By visiting, viewing and using this Portal, the visitor becomes a user (hereinafter, the "User") and is assumed to fully understand and accept the terms and conditions set out in this legal notice. The user is therefore responsible for reading these terms and conditions of use carefully, and is obliged so to do. In the event of not understanding the meaning or scope of these terms and conditions, any questions may be addressed to the suggestions inbox (using the email address provided for this purpose) or through any other communications media offered by HIMOINSA S.L. on this portal.
4. These terms and conditions may be changed in response to changes in legislation or as the owner of the portal sees fit. The user is therefore responsible for reading these terms and conditions every time they access the portal. To the extent that this is possible, the publication date of the terms and conditions of use will be displayed on the portal.
5. The purpose of this Portal is to provide the user with information and guidance on the products manufactured and marketed by HIMOINSA S.L. and the services that it offers. This information is provided free of charge. HIMOINSA S.L. hereby informs you that the content of this website is provided for information only, and is therefore not in itself sufficient for taking decisions or entering into contractual arrangements in specific cases. The content offered on this website shall not be construed to represent a contractual offer, or professional advice or services, by HIMOINSA S.L. Therefore, the owner of this portal shall accept no responsibility for any damage or injury arising from, or related to, the use of such information, particularly with regard to:
A) The information lacking veracity, accuracy, exhaustiveness or relevance, or not being up-to-date.
B) Any failure to comply, delay in complying, or defective compliance or termination for any reasons of any obligations contracted by others, and contracts entered into with others, through or resulting from accessing the content on this portal.
6. HIMOINSA S.L. may make improvements and/pr changes to the products described herein at any time and without prior notice. Therefore:
The information communicated through the portal, being understood to include all our photos, images, resources, features and technical characteristics of the products and services displayed, is non-contractual. The user should contact HIMOINSA S.L. by fax, telephone, letter or email to obtain and verify the characteristics and features of the products offered. The owner of this portal accepts no responsibility for the accuracy of the information provided through this portal. The user is responsible for all usage of such information.
7. In general, the user does not need to register in order to enjoy these services. However, HIMOINSA S.L. may require the user to provide certain information in order to use some services or access some information. In this case, the user undertakes to provide the information requested accurately and truthfully, and to request its updating in the event of any inaccuracy or errors. The user shall be solely responsible for any damage or injury suffered as a result of inaccuracy in data they provide to this portal.
8. Pursuant to current personal data protection legislation, HIMOINSA hereby informs the User that it keeps a file of the personal data collected from the portal. We use such data for information and marketing of products and services that may be of interest, and for promotional and marketing purposes, using such media as SMS, fax, email and social networks, and to expand and improve our product offering, adapting our offers to your preferences or needs based on analysis and segmentation of the personal and commercial information, and to enable a personalised browsing experience. The “Privacy and personal data protection” section of the portal provides further information of the user of such data and the measures adopted for its storage and use in accordance with current legislation.
9. Obligation to use the Portal and its Services correctly
9.1. The User undertakes from this moment onwards to use the Portal and information obtained from it in accordance with the law, this Legal Notice, together with any other notifications made to them, and in good faith. Therefore, the User undertakes to use the Services and information provided for legal ends and purposes, without damaging or impairing the information or data received or the working of the portal or the equipment used in its provision.
9.2. Some services offered on the HIMOINSA S.L. portal require the user to register before they can be used. Anybody who fills ins the registration form ("registration details") fully and accurately may be a user. The user will receive a username and password ("user data"). The user is required to keep their registration details up-do-date. The user must keep their user data secret. Registration is free. Registration and the services offered by the HIMOINSA S.L. portal are only and exclusively for personal use and may not be transferred. HIMOINSA SL complies with all current personal data protection legislation, as set out in the “Privacy” section.
9.3. Registered users undertake to keep the "Username" and "Password" provided to them by HIMOINSA adequately as elements needed to identify them and access the services, undertaking not to grant their use to others or to permit their access. Registered users accept responsibility for any damage or injury that might arise from any undue use of their user data. The User undertakes to inform HIMOINSA as soon as possible of any loss or theft of their "Username" or "Password", or any other risk of access by a third party.
9.4. Restrictions on use. You hereby agree to use the portal only for your personal use, and not for profit, resale, transfer or use or benefit by any other person or body. Furthermore, you undertake not to use, transfer or distribute the information on the portal in a way that competes commercially with HIMOINSA S.L. or its group companies. You hereby recognise that this Service has been developed and compiled by HIMOINSA S.L. You hereby agree to respect the intellectual and industrial property rights of HIMOINSA S.L. during and beyond the term of this agreement, and to agree with all reasonable written requests from HIMOINSA S.L. or its representatives relating to this content in defence of its legitimate rights. You hereby agree to inform HIMOINSA S.L. in writing and as soon as possible, of any unauthorised use by others or breaches of copyright, registered trademarks or any other rights that might be being breached by the portal, or vice versa.
9.5. Other restrictions on use. You may not copy, reproduce, recompile, decompile, perform reverse engineering, distribute, publish, display, run, modify, download, create derivatives, transmit or exploit any part of the HIMOINSA S.L. portal, with the exception of downloading material and making a personal copy not-for-profit, providing that you recognise all applicable intellectual property rights. Any change to the content of the portal will represent a breach of the legitimate rights of HIMOINSA S.L. You may not distribute any part of the Service through any other media, such as television, a computer network or an Internet hypertext frame, without advance authorisation in writing from the owners of the portal. You may not use the portal to improve the quality of the data offered. Furthermore, you may not use the information or the registered trademarks of HIMOINSA or others in any way that might give the impression that you are the owners of such trademarks or content, or that they are associated with you or you are using them with the authorisation of HIMOINSA or its legitimate owners. You further recognise that you have no property rights over any of the content herein or the registered trademarks. You will not use the portal or its content for the purposes of your own promotion. You undertake to comply with the terms and conditions of use set out in this legal notice, including the policy on links and framing.
9.6. Links and framing. As the legitimate owner of the intellectual property rights of this Portal, HIMOINSA SL prohibits the use of frames or any other means of disguising the origin or source of the content. Therefore, it is prohibited to link to or frame this website, without first informing the owner of the portal. HIMOINSA S.L. prohibits any linking to internal or subsidiary pages within this portal ("deep linking") or extracting and presenting content from this portal within another ("framing"). It is further expressly prohibited to use the trademarks, product names or any other distinctive signs belonging to HIMOINSA S.L. as "metatags".
10. Intellectual Property Declaration
10.1. The intellectual and industrial property rights to the HIMOINSA S.L. portal, including all text, design, photos, videos, graphics, music and sounds, and all trademarks and logos, are the exclusive property of HIMOINSA S.L, which owns all related exploitation rights in all forms, particularly, reproduction, distribution, public communication and transformation. The intellectual property of HIMOINSA made available through the portal may only be used by Users for private purposes.
10.2. The reproduction of the content of this website, whether partially or in full, by third parties is authorised subject to the following:
a) any reproduction must state that this website is the source, and must include its full address and copyright information;
b) any reproduction must state that it is protected by copyright that must be respected by others;
c) any reproduction, whether total or partial, may not be inserted into any other text or publication, in any form, without prior authorisation;
d) any reproduction, whether total or partial, may not be stored on any other website or electronic system without prior authorisation;
e) any reproduction, whether total or partial, may not be for commercial purposes without prior authorisation.
10.3. This website is protected by domestic and international intellectual and industrial property rights. Any unauthorised use of the information on this website, together with its sale or any breach to the intellectual and industrial property rights of HIMOINSA S.L. will give rise to the responsibilities provided for in law.
10.4. No content from this website may be reproduced, transmitted or stored on this website or in any other electronic system without prior authorisation, with the exception of the creation of indexes and the updating of search engines or similar services that facilitate the use of the website.
11. Exclusion of guarantees / Limitation of responsibility
11.1 The User uses the HIMOINSA S.L. portal on their own account and at their own risk. HIMOINSA S.L. does not guarantee the availability or continuity of these portal services, or their security or reliability. HIMOINSA S.L. does not accept any responsibility for any loss of user data or information, unless this is due to serious negligence or is intentional on its part. HIMOINSA S.L. will not accept any responsibility for any damage or injury that may arise as a result of measures adopted by the public authorities, the repercussions of labour disputes, force majeure, natural catastrophes or accidental damage that was in no way intentional on its part. The User understands that they cannot enjoy the portal's services without first accepting the guarantee exclusions and limits of responsibility set out in these terms and conditions.
11.2 Neither the authors nor the owners of this website accept responsibility for any electronic damage that may be suffered by the user as a result of accessing the content of this website. HIMOINSA S.L. uses its best endeavours to safeguard the security of this portal. However, it cannot guarantee that it will be free or viruses or other harmful elements that might cause damage or otherwise harm information systems, electronic documents or user data on this website. Therefore, HIMOINSA S.L. shall accept no responsibility for any damage or injury that such elements might cause to them or to third parties.
11.3 HIMOINSA S.L. has no obligation to control, and does not control, the use that Users make of this website and its content. In particular, HIMOINSA S.L. does not guarantee that Users use this Portal, its services and content in accordance with this Legal Notice and any applicable Specific Terms and Conditions, or that they do so diligently and prudently. As these services are provided free-of-charge, HIMOINSA S.L. shall use its discretion in deciding which and how many services to provide. It may at any time limit, increase or change these services, which shall remain subject to the terms and conditions of use at all times.
12. Resolution of disputes
Any questions relating to the use of this website and its content shall be governed by and interpreted in accordance with these Terms and Conditions of Use and the legislation of Spain. The parties expressly submit to the jurisdiction of the Courts of the City of San Javier, Murcia, Spain, expressly waiving any entitlement they may have to any other jurisdiction, to resolve any disputes or discrepancies that may arise in the interpretation or compliance of this agreement, save for any provision in law to the contrary.