These general terms and conditions of use
govern access to the www.font-cana.com website and the use
thereof, as well as all the web pages that comprise it
(hereinafter, the “website”) and that Font-Cana, S.A
(hereinafter, “FONT-CANA”) makes available to its customers and
users of the Internet (hereinafter, “users”).
The use of the website means that the user accepts, without any
reservation, all the general terms and conditions in force at
the time of accessing the website. If the user does not agree
with any of the conditions listed below, they must refrain from
using the services provided by FONT-CANA through the website.
FONT-CANA shall not be held liable, indirectly or alternatively,
for damages of any kind arising from the use of the website,
contrary to the provisions of these terms and conditions of use.
In addition, FONT-CANA reserves the right to modify at any time
and without requiring prior notification, these general terms
and conditions, as well as their configuration, location and any
other terms, whether general or specific, and the regulations of
use, instructions or applicable warnings. In addition, FONT-CANA
reserves the right to suspend, discontinue or cease the
operation of the website at any time.
1.1. Purpose
Through the website, FONT-CANA presents users with various assets, including, among others, data, information, logos, products (hereinafter, “content”), therefore the right of the user is limited to access the content and to use it in the terms set forth in these conditions.
1.2. Terms and conditions of use of the website
1.2.1. Accessing the website and its use
Users of the website must use the contents
in a lawful and responsible manner, in accordance with the
obligations of users that are presented below.
However, access to the website or the content included therein
does not entail any guarantee regarding the suitability of the
website or its contents for particular purposes or those
specific to the users.
FONT-CANA may establish limitations or additional conditions for
use the website and the content or access to them. The user is
responsible for referring to such limitations or conditions.
1.2.2. Authorised use of the website and the content
1.2.2.1. Obligations of the user
The user undertakes to comply with these
general terms and conditions, as well as the special warnings or
instructions contained on the website, and to always act in
accordance with the law in force. The user also undertakes to
act in accordance with good practices and the requirements of
good faith. Thus, the website must not be used in a way that can
prevent, damage or impair the normal functioning of the site or
the property or rights of FONT-CANA, its suppliers, of other
users and, in general, of any third party.
Specifically, and without this being taken to mean a restriction
in any way of the obligation undertaken by the user of a general
nature according to the preceding paragraph; the user, in the
use of the website, agrees:
• Not to introduce, store or disseminate, in or from the
website, any defamatory, insulting, obscene, threatening or
xenophobic information; anything that may incite violence or
discrimination on the basis of race, sex, ideology or religion
or which may be prejudicial to public morals, public order,
fundamental rights, public freedoms, honour, privacy or the
image of third parties in any other way and, in general, against
the current regulations;
• Not to introduce, store or disseminate on or from the website,
any content that violates the rules of intellectual or
industrial property regulations or rights of third parties, the
confidential nature of any communication and personal data
protection law;
• Not to introduce, store or disseminate, via the website, any
computer programs, data, viruses, code, hardware or
telecommunications equipment or other instruments or electronic
or physical devices that may cause damage to the website, the
services or equipment, the systems or networks belonging to
FONT-CANA or the users and suppliers of FONT-CANA or of third
parties in general, or that may impede the operation of such
services, equipment, systems or networks;
• Not to destroy, alter, disable or damage data, information,
programs or electronic documents displayed or included in the
website and belonging to FONT-CANA, its suppliers or third
parties;
• Not to carry out spamming, advertising, or promotional
activities consisting in the commercial exploitation of the
website; therefore, the user may not use the contents or, in
particular, the information obtained through the website to
advertise, send messages for direct marketing purposes or other
commercial purposes or collect or store personal data.
In addition, the user must refrain from:
• Using deep links, page scraping (data mining), robots, spiders
or other automated devices, programs, algorithms, methodologies
or similar manual processes to access the site or to acquire,
copy, or monitor part of the site or its contents in order to
obtain or attempt to obtain any materials, documents or
information not available through the website itself;
• Exploring, scanning, or assessing the website’s
vulnerabilities or of any network connected to the site or
violating the security measures or authentication of the site or
any network connected to the site;
• Tracking and searching for the data of users, visitors of the
website or other FONT-CANA customers, including the accounts of
other users; in no way exploiting the website or any other
service or information made available or offered through the
site, with the purpose of revealing information, which includes,
among others, personal identification or information other than
that provided by the website;
• Performing actions that cause a disproportionate or
unnecessary saturation in the infrastructure of the website or
in FONT-CANA’s systems or networks or in the systems and
networks connected to the website or to FONT-CANA.
1.3. Intellectual and industrial property rights
All the contents displayed on the website,
including, among others, designs, text, graphics, logos, icons,
buttons, software, trade names, trademarks, journalistic
articles or other intangible assets protected by the industrial
and intellectual property laws and regulations are subject to
FONT-CANA’s industrial and intellectual property rights or that
of third-party holders whose inclusion on the website has been
duly authorised.
Under no circumstances may the user’s access to the website be
understood to grant them any license in their favour or that a
waiver, transmission or a total or partial transfer of the
rights mentioned above has taken place, nor does it confer any
right of exploitation of the assets, unless prior express
authorisation has been granted, in writing, by FONT-CANA or by
the holders of the rights in question.
If any content that may infringe intellectual and industrial
property rights is detected on the website, you are kindly
requested to inform FONT-CANA of the said infringement. as soon
as possible, by sending an email to the address
fontcana@fontcana.com, so that we can act with diligence and
take the appropriate action.
1.4. Warranty and liability disclaimer
1.4.1. Warranty and liability disclaimer with regard to the functioning of the website
FONT-CANA does not guarantee the
availability and continuity of the website or the services or
contents that are offered in it, nor that the said contents are
up to date. Neither does it guarantee the technical reliability
of its website, nor access to its different pages. Thus,
FONT-CANA is released from all liability for damages of any
nature that may be caused due to such circumstances.
Provided that no circumstances arise that make this impossible
or difficult to execute, and as soon as it is informed of any
errors, disconnections or failure to update the contents,
FONT-CANA will take all necessary steps to correct the errors,
restore communication or update the contents if it is considered
appropriate and suitable to its needs and within its
capabilities.
Moreover, FONT-CANA does not accept any liability for errors or
deficiencies that may arise from use by the user of an outdated
or insecure browser, or for any damage, errors or inaccuracies
that may arise from the malfunction of the said browser.
In order to reduce the risk of a virus entering the website,
FONT-CANA uses virus detection programs to control all the
content that it includes in its website. However, it does not
guarantee the absence of viruses or other elements on the
website introduced by third parties unrelated to FONT-CANA that
can produce alterations in the user’s physical or logical
systems or in the electronic documents and files stored on their
systems. Consequently, under no circumstances shall FONT-CANA be
held liable for harm or loss of any nature which may occur by
the presence of viruses or other elements that may alter the
Users’ physical or logical systems, electronic documents or
files.
Similarly, despite the protection measures that FONT-CANA
applies against cyber-attacks to its website, to the collected
data and content, there is no guarantee that unauthorised third
parties may not be able to access the type of use or browsing of
the website by the user or the conditions, characteristics and
circumstances in which they carry out this use or browsing
activity. Thus, under no circumstances shall FONT-CANA be held
liable for any damages that may result from such unauthorised
access.
FONT-CANA does not control, in general, the use that users make
of the web site. In particular, under no circumstances does
FONT-CANA guarantee that the users make use of the website in
accordance with the law, these terms and conditions of use,
morality and generally accepted good practices and public order,
nor that they act with diligence and prudence. Therefore,
FONT-CANA shall not accept any liability for the use that users
or third parties make of the website or its contents, nor for
the damages arising from such use. It is the user’s
responsibility to take all the appropriate technical measures to
reasonably control the identified risks and prevent damage to
their technical equipment, data loss or theft of confidential
information.
1.4.2. Warranty and liability disclaimer for third-party content and links
In the course of incorporating third party
content onto the website, or links to other Internet sites,
FONT-CANA shall not exercise any control over such sites or
content. Thus, FONT-CANA offers no guarantee nor assumes any
liability with regard to the legality, reliability,
truthfulness, accuracy, completeness of such content nor of it
being up to date. FONT-CANA also refuses to accept all liability
for damages that may result from:
• The lack of legality, quality, veracity, accuracy,
completeness or validity of the content generated by third
parties;
• The technical unavailability, lack of quality or accuracy of
any materials or information contained in any of the hyperlinks
or other Internet sites;
• The lack of suitability for any purpose, and the
disappointment coming from expectations generated by the
contents;
• Decisions or actions taken or omitted by the user relying on
the information or data provided in the content, even though
this may have resulted in the loss of profits, business
opportunities or other damage.
1.5. Cookies Policy
The policy of management and processing of cookies used by FONT-CANA’s website is governed by the conditions specified in the Cookie Policy.
1.6. Privacy Policy and data protection
The privacy policy and the protection of data collected and processed for the services offered through the FONT-CANA website is governed by the terms and conditions specified in the Privacy Policy.
1.7. Actions in the event of a breach of the conditions
FONT-CANA reserves the right to take as many legal actions as are legally available to demand the liabilities arising from breach of any of the provisions of these general terms and conditions of the website by a user.
1.8. Severability clause
The declaration of any of the clauses contained in these general terms and conditions being null and void, invalid or ineffective will not affect the validity or effectiveness of the remaining conditions, which will continue to be binding on the parties. The waiver by either party of any right to require the fulfilment at any given time of any of the obligations set forth herein shall not imply a general waiver being granted nor shall it give rise to an acquired right for the other party.
1.9. Applicable legislation and jurisdiction
These terms and conditions shall be
governed by that established in Spanish legislation.
In the event of any dispute relating to the conditions governing
the use of the website and access to it, the parties will submit
themselves to the verdict of the competent Courts and Tribunals
of Girona (Spain), and, except in the case that it is required
by law to the contrary, expressly waive any other jurisdiction
that may correspond to them.
2. Legal notice
In compliance with the provisions of Law
34/2002 of 11 July, on information society services and
electronic commerce, the following general information is
brought to the attention of the users of the www.font-cana.com
website and for all web pages that comprise it (hereinafter, the
“website”):
• The provider of information society services on the website is
the mercantile company Font-Cana, S.A (hereinafter, “FONT-CANA”).
• The FONT-CANA registered office is located at: C/ Puigmal, 3.
17857 – Sant Joan les Fonts, Girona.
• FONT-CANA holds the Spanish Tax Number A-17043159.
• FONT-CANA is registered in the Commercial Register of Girona,
Volume 280, Book 198, Folio 104, Sheet 3401.
• Website users have direct and effective communication
available to them by writing to the registered office of the
company, or through the following means:
• Telephone: (+34 ) 972 290 858
• E-mail: fontcana@font-cana.com
The use of the methods described above to communicate with FONT-CANA
means that the user allows the processing of their data in order
to process the queries made to FONT-CANA and accepts FONT-CANA’s
privacy policy.