The website www.jcarrion.es (hereinafter, the “Website”) is owned by TRANSPORTES J.CARRIÓN, S.A.U. (hereinafter, the “COMPANY”), with registered office at Calle Pablo Picasso nº 1 – 04230 Huércal de Almería (Almería, Spain) and VAT number A04014635. Registered in the Trade Register of Almería, Volume 103, Page 50, Sheet Al-2541, 1st Inscription.

The COMPANY welcomes you and invites you to read carefully the General Terms of Use of this Website (hereinafter, the “General Terms of Use”) describing terms and conditions that applicable to your navigation through it, in compliance with the provisions of the Spanish regulations of application.

Given that the COMPANY could modify these Terms of Use in the future, we recommend visiting them regularly to be duly informed of the changes made.

With the aim that the use of the Website complies with criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query about the General Terms of Use will be received and resolved by contacting the COMPANY by the email: dpd.jcarrion@consultoresgm.es

Object

The COMPANY provides the content and services available on the Website, subject to these General Terms of Use, as well as the processing of personal data policy (hereinafter, the “Data Protection Policy”). The person who accesses this Website or uses it will be described as a “User”. This implies the unreserved acceptance of each and every one of these General Terms of Use. The COMPANY reserves the right to modify them at any time. Consequently, all Users will be responsible of the attentive reading of the General Terms of Use in force on each access to this Website. So, if the User does not agree with any of the Terms, he must refrain from using this Website.

Likewise, you are warned that, on occasion, specific conditions may be established for the use of specific contents and / or services on the Website. The use of said contents or services will imply the acceptance of the particular conditions specified therein.

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 for inquiries facilitating your personal data – Links to access social networks (hereinafter “Services”).

Privacy and Data Processing

Users will guarantee the veracity, accuracy, authenticity and validity of personal data provided to access certain content or services. The COMPANY will give such data the corresponding automated treatment depending on their nature or purpose in the terms indicated in the Data Protection Policy section.

Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of 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 on the contents and/or any other element inserted in the page, which are the exclusive property of the COMPANY and/or of third parties, who have the exclusive right to use them in course of trade. Therefore, the User agrees not to reproduce, copy, distribute, make available or publicly communicate, transform or modify such content, keeping the COMPANY harmless from any claim arising from the breach of such obligations.  In no case does access to the Website imply any type of renunciation, transmission, license or total or partial cession of said rights, unless expressly stated otherwise.

The General Terms of Use of the Website do not confer the User on any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the rights 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 as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The COMPANY owns the elements that integrate the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted from the aforementioned Entity through a formal written permission.

Likewise, it is prohibited to suppress, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may hold the contents. The User of this Website commits himself to respect the rights enunciated and to avoid any action that could be detrimental. In every case the COMPANY reserves for itself the exercise of any means or legal actions in defense of its legitimate intellectual and industrial property rights.

The User agrees to:

Make an appropriate and legal use of the Website, as well as the contents and services, in accordance with: (I) the applicable legislation at all times; (II) the General Terms of Use of the Website; (III) morality and generally accepted good practices and (IV) public order.

Provide all the means and technical requirements that are required to access the Website.

Provide truthful information by completing the forms contained in the Website with your personal data and keeping them updated at all times so that it responds at all times to the real situation of the User. The User will be the only responsible for the false or inaccurate statements made and for the damages caused to the COMPANY or third parties for the information provided.

Nevertheless, as established in the previous section, the User must also abstain from:

Make an unauthorized or fraudulent use of the Website and/or content for illegal purposes or intentions, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.

Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.

Causing damage to hardware or software systems of the Website, its suppliers or third parties.

Introduce or spread computer viruses or any other hardware or software systems that are likely to cause damage to the hardware or software systems of the COMPANY, its suppliers or third parties.

Attempt to access, use and/or manipulate the data of the COMPANY, third-party providers and other Users.

Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated in the web pages where the contents are found or, in general, from those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the website and/or contents.

In particular, and merely as an indication and not exhaustively, the User agrees not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or images, photographs, recordings, software and, in general, any kind of material that:

In any way it is contrary, despises or attempts against the fundamental rights and public liberties constitutionally recognized in International Treaties and in the rest of the current legislation.

Induce, incite or promote actions that could be criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good practices or public order.

Induce, incite or promote discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or condition.

Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order.

Induces or may induce an unacceptable state of anxiety or fear.

Induce or incite to engage in dangerous, risky or practices harmful for health and psychic balance.

It is protected by the legislation on intellectual or industrial property belonging to the COMPANY or to third parties without having authorized the intended use.

Be contrary to honor, personal and family intimacy or to the image of people.

Constitute any type of advertising.

Include any type of virus or program that prevents the ordinary effectiveness of the Website.

In case you need access some of the services and/or contents of the Website, you will receive with a password. You must use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents to third parties. Likewise, you must notify the COMPANY of any fact that may imply an improper use of your password, such as, by means of illustration, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, if you don’t send a notification, the COMPANY will be exempt from any responsibility that may arise from the misuse of your password, being you responsible for any illegal use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or intentionally fail to comply with any of the obligations set in these General Terms of Use, you will be accountable for all the damages and losses that may arise for the COMPANY from such breach.

Responsibilities

The COMPANY does not guarantee the continuous access, nor the correct visualization, download or use of the elements and information contained in the pages of the Website, which may be disabled, made difficult or interrupted by factors or circumstances that are beyond its control.

The COMPANY is not responsible for the decisions that may be adopted as a result of access to the contents or information offered.

The COMPANY may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Terms of Use. The COMPANY is not made responsible for damages, losses, harms, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, the COMPANY will not be responsible for the damages that could be derived, among others, from:

interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks or disconnections in the electronic system operations, caused by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause beyond the control of the COMPANY.

illegitimate intromissions through the use of malwares of any kind and through any means of communication, such as computer viruses or any other.

improper or inappropriate abuse of the Website.

security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The COMPANY administrators reserve the right to withdraw, totally or partially, any content or information present on the Website.

The COMPANY excludes any responsibility for damages of any nature that due to the misuse of the services freely available and used by Website Users. Likewise, the COMPANY is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of inquiry and doubt services. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be demanded by the COMPANY for the damages or losses caused.

You will defend; indemnify and keep the COMPANY harmless from any damages arising from claims, actions or claims of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages arising from the use by you of “robots”, “spiders”, “crawlers” or similar tools used to collect or extracting data or of any other action on your part that imposes an unreasonable burden on the operation of the Website.

Hyperlinks

The User agrees not to reproduce in any way, even through a hyperlink, the Website of the COMPANY, as well as any of its contents, unless there is express written authorization from the COMPANY.

The Website of the COMPANY includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating companies and/or sponsors. Accordingly, the COMPANY is not responsible for the content of these websites, nor is it in a position as guarantor or as part of the services and/or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right 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 falsify their relationship with the COMPANY or affirm that the COMPANY has authorized such link, or include brands, denominations, trade names, logos or other distinctive signs of the COMPANY; (III) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (IV) may not link to any page of the Website other than the main page; (V) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. The COMPANY may request, at any time, to remove any link to the Website. It is mandatory to proceed immediately to its elimination. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.

As a consequence the COMPANY does not assume any responsibility for any aspect related to such websites.

Data protection

To use some of the Services, Users must previously provide certain personal data. For this, the COMPANY will automatically process Personal Data in compliance with the Personal Data Protection regulations. For this, the User can access the information about the policy followed in personal data processing, as well as the establishment of previously set purposes, to the provisions of the conditions defined in the Data Protection Policy [LINK] presented by the Website.

Cookies

The COMPANY reserves the right of using the “cookie” technology in the Website to recognize you as a frequent User and personalize the use you will make of the Website through the pre-selection of your language or preferred or specific contents.

“Cookies” used by the Website or from third parties acting in its name, are associated only with an anonymous user and your computer and do not facilitate user’s personal data by themselves.

Cookies are files sent to a browser through a Web server to record the User navigation on the Website, when the user allows its reception. You can eliminate “cookies” and for this you will have to consult the instructions of use of the browser.

Thanks to cookies, it is possible that the COMPANY recognizes the browser of the computer used by the User in order to facilitate content and show your navigation and advertising preferences, as well as recognizing your demographic profile to analyze visits and traffic parameters, control the progress and number of visitors.

Duration and termination

At first the provisions of the service of this Website and the other services have an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. When this is possible, the COMPANY will announce the termination or suspension of the provision of the determined service.

Declarations and Guarantees

In general, contents and services offered on the Website are purely informative. Therefore, by offering them, the COMPANY does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, accuracy, or merchantability, except in the extent to which, by law, such declarations and guarantees cannot be excluded.

Force majeure

The COMPANY shall not be held responsible in case of impossibility of providing services, if this is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general in all cases of force majeure or fortuitous events.

Resolution of controversies. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, will be regulated by Spanish legislation. Any dispute will be ruled by the court of Almería.

In the event that any provision of these General Terms of Use is unenforceable or void by virtue of the applicable law or as a consequence of a judicial or administrative decision, such unenforceability or nullity will not cause these General Terms of Use to be unenforceable or null as a whole. In such cases, the COMPANY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.