DISCLAIMER AND TERMS AND CONDITIONS OF USE OF THE WEBSITE
FLUIDRA S.A., with registered address at Av. Alcalde Barnils, 69, 08174 Sant Cugat del Vallès (Barcelona), registered with the Companies Registry of Barcelona, in volume 36883, folio 132, sheet no. B 290316, and holder of CIF A-17728593, is the owner of the website www.astralpool.com (hereinafter, the “Website”).
The purpose of these Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) is to provide the user (hereinafter, the “User”) with information about FLUIDRA, its business and products, published news items and various business divisions.
This Website is for information purposes only.
Both browsing and accessing the information posted on this Website imply that the User accepts all of these Terms and Conditions without any reservations whatsoever.
If you do not accept these terms and conditions, you should refrain from using the Website and its content.
Content shall be understood to mean, but not limited to: the texts, photographs, graphic displays, images, technology, software, links and other audiovisual or sound contents, in addition to its graphic design and source codes (hereinafter, the “Content/s”), in compliance with the Law, these Terms and Conditions, other notifications, rules of use and instructions brought to your attention, as well as with generally accepted moral and ethical standards, and public order, and, in particular,
FLUIDRA may, at any time without prior warning, amend these Terms and Conditions, all of which are posted on the Website, by releasing these amendments on it, so that Users are aware of them before visiting the Website.
The continued use of the Website by the User after the release of such amendments shall be deemed to mean that they have been accepted.
Any use other than that authorized in these Terms and Conditions is expressly prohibited, whereby FLUIDRA shall be entitled to deny or withdraw access and use of the Website at any time whatsoever with no prior warning by any users who misuse the Contents and/or breach these Terms and Conditions.
FLUIDRA may deny access to the Website by Users who misuse its cContents and/or breach any of the terms and conditions that appear herein.
Access and use
Access to the Website is free of charge, except for the cost of connecting to it through the Internet service provider contracted by the User.
The User undertakes to make responsible use of the Website, as well as of the information posted on it. Its use shall likewise be subject to both the legislation in force, and to these Terms and Conditions.
Furthermore, the User undertakes not to make her/his username and password available to third parties, in addition to reporting to FLUIDRA in the shortest possible delay, the loss, theft or any risk of access to them by a third party.
Legal obligation to make proper use of the Website
Users shall be entirely responsible for the use they make of the information they access while browsing of the Website, as well as for any subsequent use made of it.
The User undertakes to make proper use of the Website and functionalities provided on it in compliance with the Law, these Terms and Conditions, any instructions or warnings received, as well as with generally accepted moral, and ethical standards, and public order.
The User undertakes to use the Website and its Contents for lawful and legitimate purposes only, which neither violate the laws in force nor breach the legitimate rights of FLUIDRA or any third , parties, and/or that could cause direct or indirect damages.
The User undertakes to abstain from: reproducing, copying, distributing, making available or in any other manner publicly disclosing, transforming or modifying the Contents, unless it has the consent of the holder of the rights in question to do so, is legally entitled to do so or, if applicable, such actions are carried using the buttons enabled by FLUIDRA for social media. Furthermore, the User may not delete, manipulate or in any other way alter the copyright and other identifiers of the exclusive rights of FLUIDRA or any other technical resources established to recognize its brand.
The User undertakes, by way of example but not limited to, not to disclose, disseminate or make available to third parties the , information, data, contents, messages, graphic displays, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of materials , belonging to this Website, as well as to refrain from carrying out actions that:
Induce, incite or encourage criminal, slanderous and violent acts or, in general, that are against the Law, generally accepted moral and ethical standards, and public order.
Are false, ambiguous, untrue, exaggerated or untimely and that could lead to misinterpretations of the subject matter or the intentions or purposes of the disclosing party.
Contents protected by any intellectual or industrial property rights held by third parties, without the User having sought the prior permission from the holders necessary to make use of such rights.
Constitute, where applicable, unlawful, deceitful or unfair advertising and, in general, that constitute unfair competition or violate the statutory regulations on personal data protection.
Contain viruses or any other physical or electronic components that could damage or prevent FLUIDRA’s network, IT system, hardware or software from working properly.
Give rise to failures in the services offered on this Website due to their characteristics (such as file formats and extensions).
The User shall be held liable for damages of any nature that FLUIDRA may sustain as a consequence of a breach of any of the obligations to which she/he is subject pursuant to these Terms and Conditions or to the legislation that applies to the use of the Website.
RELEASE OF LIABILITY OF FLUIDRA
By way of example but not limited to, FLUIDRA MAY NOT be held liable under any circumstances for:
The use that the Users may make of the Contents on this Website and/or websites to which there are links, whether prohibited or permitted, that are in breach of the intellectual and/or industrial property rights of the Website or those of third parties.
The potential damages the Users may sustain caused by search tools working normally or incorrectly, the organization or localization of the Contents and/or access to the Website and, in general, the errors or problems that may arise in the development or implementation of the Website’s technical components or software provided to the User.
The contents on any websites that the Users may access from links posted on the Website, whether authorized or not.
FLUIDRA hereby informs the Users that it is unable to guarantee that:
The access to the Website and/or linked websites shall be uninterrupted or free of error.
The Content or software that the Users access from the Website or linked websites do not contain any errors, computer virus or other features in the Contents that could damage their computer system, electronic documents or files stored on their computer system, or that could cause any other damage.
The accuracy of the information on the Website. Therefore, FLUIDRA assumes no liability whatsoever for potential damages that the Users could incur as a result of the inaccuracy of the Contents on the Website. For all intents and purposes, the information posted in the Website must be considered by the Users as a guideline only.
INTELLECTUAL AND INDUSTRIAL PROPERTY
FLUIDRA holds all of the rights on the content, design and source code of the Website, and, in particular but not limited to, on the photographs, images, texts, logos, designs, trademarks, brand names and data that appear on this Website or app.
The Users are hereby informed that all such rights are protected by current Spanish and international laws on intellectual and industrial property.
The total or partial reproduction of the Website, even via a hyperlink, or any of its contents is strictly prohibited, unless express consent to do so has been given by FLUIDRA in writing.
Likewise, copying, reproducing, adapting, modifying, distributing, marketing, publicly disclosing and/or committing any other acts that involve a breach of Spanish and/or international laws currently in force, in addition to the use of the contents of this Website, is strictly prohibited, unless prior express authorization to do so has been given by FLUIDRA in writing.
FLUIDRA hereby informs the Users that it does not grant licenses nor does it give its implicit or tacit consent on the intellectual and/or industrial property rights or on any other rights or property directly or indirectly related to the contents posted on the Website.
GUIDELINES ON SECURE USE
Do not use links attached to the emails or websites of third parties to access this Website. From time to time, the indiscriminate mass distribution of emails from false email addresses are detected, whose sole purpose is to obtain the Users’ confidential information. This technique is known as PHISHING. FLUIDRA declines all liability in this respect.
APPLICABLE LEGISLATION AND JURISDICTION
The access and use of the Website shall be governed and interpreted according to Spanish law. Any disputes that may arise between FLUIDRA and the Users of the Website shall be submitted to the Courts and Tribunals in the Users' place of residence, unless they are businesses or non-consumer professionals, in which case they shall be submitted to the Courts and Tribunals of Barcelona, with the express waiver by the Parties of any other jurisdiction to which they may have recourse.