Legal
Terms and Conditions of Use
In general terms and without prejudice to the particular conditions and terms established in the sections corresponding to specific services, the USER agrees to comply with these conditions and terms of use, and to always act in accordance with the law, good customs and the requirements of good faith, exercising due diligence appropriate to the nature of the service enjoyed, refraining from using the website in any way that may prevent, damage or deteriorate its normal operation, the assets or rights of FORTULUZ, other USERS or, in general, any third party.
1. Access for contracting
As a USER accessing our website to contract our services, you declare and guarantee:
- That you have the capacity to contract;
- That all personal information you provide us, such as your personal data, contact details, identification and bank account numbers, as well as all information relating to your supply point(s) is truthful, accurate, current and authentic, and that you will keep it duly updated through any of the channels available to contact us;
- That you are aware that the contracting system for our services is entirely online, so by accessing and completing the contracting procedure offered on the website you accept this form of contracting;
- That you are equally aware and accept that, by accepting the conditions agreed during the contracting procedure which you will carry out by validating the link with your contract data that we will send you by email, you are giving your consent and formalizing your contract.
2. Contracting
Once a contract with FORTULUZ has been signed, in addition to being a USER of our website, you also acquire the status of CLIENT. Your relationship with FORTULUZ will be governed by the signed contract, to which you will always have access, and as a User - Client, you will have access to the specific Client area through your account, activated with your username and password. From this moment, you are additionally obliged to:
- Keep your access data (username and password) duly protected and not communicate or transfer them to any third party; in case of theft, loss or improper communication of such data to third parties, you are obliged to inform us as soon as possible, so that we can replace them with new credentials;
- Use the specific Client area of the Site for the purposes for which it is intended, that is, the management of your relationship as a Client of FORTULUZ, the filing and documentation of your personal data, billing, contracts and invoices;
- Refrain from any use of the specific Client area and/or its contents that is contrary to law, public order, morals or generally accepted good customs;
- Access your billing data and invoices through the Client area.
3. Comments
When, as a USER and/or CLIENT of FORTULUZ, you send us any observation, opinion or comment about our services or our CLIENT service, whether by email or by any other means, you are expressly and freely authorizing us to use them in the broadest possible way and, in the event that such observations, opinions and/or comments are considered protected by intellectual property rights, you assign to us exclusively and with the possibility of assigning them to third parties, the rights of reproduction, public communication and/or making available to the public of the same, in whole or in part, in all those media and modes of exploitation that we consider appropriate, particularly on our website and in our commercial, promotional and/or advertising documentation, for a worldwide territorial scope and for the entire duration of such rights. Please note that, to protect your privacy, such comments will always be published making reference only to your first name and locality.
4. USER obligations
In particular, and without this implying any restriction on the obligation assumed by the USER in general terms in accordance with the previous sections, the USER agrees, when using the websites owned by FORTULUZ, to:
- Not introduce, store or disseminate on or from the websites any information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, the honor, privacy or image of third parties and, in general, current legislation.
- Not introduce, store or disseminate through the websites any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is capable of causing damage to the websites, any of the services, or any of the equipment, systems or networks of FORTULUZ, any USER, or any third party in general. Or that in any other way is capable of causing them any type of alteration or preventing their normal operation.
- In this regard, if the USER must register to use a service on the websites, they will be responsible for providing truthful and lawful information. If as a result of registration, the USER is provided with an identification and/or password, they agree to make diligent use and keep the password secret to access these services. Consequently, USERS are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided by FORTULUZ, and agree not to transfer their use to third parties, whether temporarily or permanently, or to allow other persons access to them.
- By virtue of the foregoing, it is the USER's obligation to immediately notify FORTULUZ of any event that allows improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access, in order to proceed with their immediate cancellation. Until such events are communicated, FORTULUZ shall be exempt from any liability that may arise from improper use of identifiers or passwords by unauthorized third parties.
- Not carry out advertising, promotional or commercial exploitation activities through the websites, not using the contents and in particular the information obtained through the website to send advertising, send messages for sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.
- Not use false identities, or impersonate the identity of others when using the websites or when using any of the website services, including the use of passwords or access keys of third parties or in any other way.
- Not destroy, alter, use for their own purposes, render useless or damage the data, information, programs or electronic documents of FORTULUZ or third parties.
5. FORTULUZ responsibilities
FORTULUZ's liability for services contracted through the website is that legally provided for in Spanish regulations applicable to it and reflected in its general contracting conditions accessible at www.fortuluz.es.
Regarding the website:
FORTULUZ reserves the right to temporarily interrupt access to the website at any time and without prior notice, when necessary for technical, security, control or maintenance reasons.
FORTULUZ is not responsible for:
- Interruptions, delays or malfunctions of the website as well as damages that may arise from them, caused by reasons beyond its control (including power supply failures, lack of access to communication networks, hacker attacks, viruses or other harmful elements), Force Majeure causes, or negligent or malicious actions by the USER and/or CLIENT;
- Damages of any nature arising from the lack of truthfulness, accuracy, completeness and/or timeliness of the data provided by the USER and/or CLIENT;
- Damages of any nature arising from the USER and/or CLIENT's access to third party sites to which they may have been referred through links provided on the website: in this regard, the links we provide aim to inform you of other sources of information that expand on information or data provided on our website and, while we try to always refer to reliable sources, such sites are the property and responsibility of their respective owners.
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