The website www.kreasalud.com (hereinafter, the “Website”) is owned by NOELIA MARTINEZ PEREZ (hereinafter, the “COMPANY”), with its registered office at Plaza de la Encarnación 18 – 41003 Sevilla and CIF 28827515M.
The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will apply to your navigation through it, in accordance with the applicable Spanish regulations. Since the COMPANY may modify these Conditions of Use in the future, we recommend that you visit them periodically to stay duly informed of the changes made.
In order to ensure that the use of the Website adheres to criteria of transparency, clarity, and simplicity, the COMPANY informs the User that any suggestion, doubt, or inquiry about the General Conditions of Use will be received and addressed by contacting the COMPANY via the email: noelia@kreasalud.com
1. Purpose
The COMPANY provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the personal data processing policy (hereinafter, the “Privacy Policy”). Accessing this Website or using it in any form grants you the classification of “User” and implies the unconditional acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it is the responsibility of every User to carefully read the current General Conditions of Use each time they access this Website, so if you do not agree with any of the conditions set forth herein, you should refrain from using this Website.
Furthermore, please be advised that, on occasion, specific conditions may be established for the use of specific content and/or services on the Website. Using such content or services will imply acceptance of the specific conditions specified therein.
2. Services
Through the Website, the COMPANY offers Users the possibility to access: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing personal data – Links to access social networks (hereinafter, the “Services”).
3. Privacy and Data Processing
The COMPANY processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and by which Directive 95/46/EC is repealed (General Data Protection Regulation) and LO 3/2018. Information about your personal data, according to Article 13 of Section 2 of the aforementioned regulation and LO 3/2018, can be consulted in this link.
4. Industrial and Intellectual Property
The User acknowledges and agrees that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights and all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights, over the content and/or any other elements inserted on the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any waiver, transfer, license, or assignment in whole or in part of these rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content except as expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by the COMPANY or the third-party rights holder affected.
The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this site, as well as the site itself in its entirety, as a multimedia artistic work, are protected as copyright under intellectual property legislation. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, has the corresponding authorization to use such elements. The content provided on the Website cannot be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or medium, unless there is prior written authorization from the aforementioned Entity.
Furthermore, it is prohibited to remove, circumvent, and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the content. The User of this Website agrees to respect the aforementioned rights and to avoid any action that could harm them, with the COMPANY reserving the right to exercise all means or legal actions to defend its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User agrees to:
– Use the Website and its content and services appropriately and lawfully in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
– Provide all the means and technical requirements necessary to access the Website.
– Provide truthful information when completing personal data forms contained on the Website and keep them updated at all times so that they reflect the User’s real situation. The User will be solely responsible for false or inaccurate statements made and for any damages caused to the COMPANY or third parties due to the information provided.
Notwithstanding the above, the User must also refrain from:
a) Unauthorized or fraudulent use of the Website and/or its content for illicit purposes, prohibited under these General Conditions of Use, harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, deteriorate, or prevent the normal use of services or the documents, files, and all kinds of content stored on any computer equipment.
b) Accessing or attempting to access restricted resources or areas of the Website without meeting the required conditions for such access.
c) Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
d) Introducing or disseminating viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the COMPANY, its suppliers, or third parties.
e) Attempting to access, use, and/or manipulate the data of the COMPANY, third-party suppliers, and other Users.
f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorized by the rights holder or legally permitted.
g) Removing, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the COMPANY’s or third parties’ rights incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content.
h) Obtaining and attempting to obtain the content by means or procedures different from those provided for this purpose or expressly indicated on the web pages where the content is found or, in general, those commonly used on the Internet to avoid the risk of damage or unusability of the website and/or its content.
i) In particular, and by way of example but not limited to, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
(i) In any way is contrary to, belittles, or violates the fundamental rights and public freedoms constitutionally recognized, in International Treaties, and in other applicable legislation.
(ii) Induces, incites, or promotes criminal, denigratory, defamatory, violent actions, or generally actions contrary to law, morals, good customs, or public order.
(iii) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
(iv) Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services contrary to law, morals, good customs generally accepted, or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological balance.
(vii) Is protected by intellectual or industrial property legislation belonging to the COMPANY or third parties without authorization for the intended use.
(viii) Is contrary to honor, personal and family privacy, or the image of individuals.
(ix) Constitutes any type of advertising.
(x) Includes any type of virus or program that impedes the normal functioning of the Website.
If a password is provided to access some of the services and/or content of the Website, the User agrees to use it diligently, keeping it confidential at all times. Consequently, the User will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, either temporarily or permanently, nor to allow access to the mentioned services and/or content by unauthorized persons. Likewise, the User agrees to notify the COMPANY of any fact that may constitute improper use of their password, such as theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until such notification is made, the COMPANY will be exempt from any liability that may arise from the improper use of the password, and the User will be responsible for any illicit use of the Website’s content and/or services by any illegitimate third party.
If the User negligently or willfully breaches any of the obligations established in these General Conditions of Use, they will be liable for all damages and losses that such breach may cause to the COMPANY.
6. Responsibilities
The COMPANY does not guarantee continuous access, nor the correct visualization, download, or usefulness of the elements and information contained in the pages of the Website, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for the decisions that users may make as a result of accessing the content or information offered, as these decisions are made by the user in the free exercise of their will.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered therein is contrary to these General Conditions of Use.
The COMPANY is not responsible for damages, losses, claims, or expenses resulting from decisions made by the user in the free use of their will during their visit to the Website, unless such damages, losses, claims, or expenses are directly attributable to the COMPANY due to page failures, errors, or omissions.
It will only be responsible for removing, as soon as possible, the content that may cause such damages, provided that it is notified. In particular, it will not be responsible for damages that may arise, among others, from:
(i) interference, interruptions, failures, omissions, phone breakdowns, delays, blocks, or disconnections in the functioning of the electronic system, caused by deficiencies, overloads, and errors in telecommunication lines and networks, or any other cause beyond the control of the COMPANY.
(ii) Illegitimate intrusions through the use of malicious programs of any kind and by any means of communication, such as computer viruses or any others.
(iii) Improper or inadequate abuse of the Website.
(iv) Security or navigation errors caused by a malfunctioning browser or the use of outdated versions of it. The COMPANY’s administrators reserve the right to remove, in whole or in part, any content or information present on the Website.
The COMPANY excludes any liability for damages and losses of any nature that may be caused by the misuse of the free availability and use services by Users of the Website. Furthermore, the COMPANY is exempt from any liability for the content and information that may be received as a result of data collection forms, being them solely for the provision of consultation and inquiry services. On the other hand, in the event of causing damages and losses due to illicit or incorrect use of such services, the USER may be claimed by the COMPANY for the damages or losses caused.
You will defend, indemnify, and hold the COMPANY harmless against any damages and losses arising from claims, actions, or lawsuits by third parties as a result of your access or use of the Website. Additionally, you agree to indemnify the COMPANY against any damages and losses arising from your use of “robots,” “spiders,” “crawlers,” or similar tools employed to collect or extract data or any other actions on your part that impose an unreasonable load on the functioning of the Website.
7. Hyperlinks
The User agrees not to reproduce in any way, not even through a hyperlink or hypertext link, the COMPANY’s Website, as well as any of its content, without the express and written authorization of the COMPANY.
The COMPANY’s Website includes links to other websites managed by third parties to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of these websites, nor does it act as a guarantor or/or offering party for the services and/or information that third parties may offer through these links.
A limited, revocable, and non-exclusive right is granted to the User to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY or state that the COMPANY has authorized such a link, nor include trademarks, trade names, logos, or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in poor taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order or illicit; (iv) may not link to any page of the Website other than the main page; (v) must link with the Website’s own address, without allowing the linking website to reproduce the Website as part of its website or within any of its “frames” or create a “browser” over any of the Website’s pages. The COMPANY may request at any time the removal of any link to the Website, after which it must immediately proceed with its removal. The COMPANY cannot control the information, content, products, or services provided by other websites that have established links to the Website.
Consequently, the COMPANY does not assume any type of responsibility for any aspect related to such websites.
8. Cookies
You can consult information about cookies by accessing this LINK.
9. Duration and Termination
The provision of service of this Website and other services is, in principle, of indefinite duration. However, the COMPANY may terminate or suspend any of the portal’s services. When possible, the COMPANY will announce the termination or suspension of the provision of the specific service.
10. Statements and Warranties
In general, the content and services offered on the Website are for informational purposes only. In the event that products or services reflected on the website are made available to the user, the corresponding general contracting conditions will apply.
11. Force Majeure
The COMPANY will not be responsible in any case for the inability to provide service if this is due to prolonged interruptions of the electric supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions by the Government, and in general all cases of force majeure or unforeseen events.
12. Dispute Resolution. Applicable Law and Jurisdiction
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. In the event of a dispute, the contracting parties agree to submit to the Courts and Tribunals of the consumer’s domicile, provided that it is located in Spanish territory. Otherwise, if it concerns a non-consumer user or a consumer located outside Spanish territory, submission will be to the courts of the city where the COMPANY’s domicile is located. The party that breaches the contract will bear the judicial and extrajudicial costs arising from the claim, including attorney and prosecutor fees, etc.
In the event that any provision of these General Conditions of Use is found to be unenforceable or null under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not render these General Conditions of Use unenforceable or null in their entirety. In such cases, the COMPANY will proceed to modify or replace such provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.