TERMS AND CONDITIONS OF USE OF THE WEB PLATFORM HTTP://WWW.VIVITAALOE.COM/
1. TERMS AND CONDITIONS OF USE OF THE PLATFORM: ACCEPTANCE, MODIFICATIONS AND VALIDITY.
These general terms and conditions regulate the use of the service(s) associated to the Web Platform http://www.vivitaaloe.com/ (hereinafter, the "Platform"), under the ownership of VIVITA ALOE INTERNATIONAL COMPANY S.L. (hereinafter, "VIVITA ALOE"), with Tax Identification Number (CIF) B38645883, registered with the Companies Registry of Santa Cruz de Tenerife, Volume 2208, Book 0, Folio 80, Page TF-26647, 4th Entry, and with registered office in Camino Bananera 16, 38627 Arona, Santa Cruz de Tenerife, which makes this information available to the user(s) of the Portal (hereinafter, "the user" or "the users"). The email address is firstname.lastname@example.org
This Legal Notice will be translated into several languages in the development of the activity of VIVITA ALOE and its corporate quality policy, services and customer support. Notwithstanding the foregoing, in the event of any dispute regarding the interpretation or implementation of the conditions contained in this legal notice, the parties agree that the Spanish version shall prevail over any other language version for all legal purposes.
1.1 What is Vivita Aloe?
VIVITA ALOE is a 100% Canarian company born in 2001 after winning the TENERIFE EMPRENDE award, thus beginning its journey in the world of Aloe Vera.
Initially, our production was intended to sell Aloe Vera juice and gel loose, but in 2013 we invested in R&D&I with the purpose of developing our own cosmetic line, with a high content of Aloe Vera, and thus closing the value chain.
VIVITA ALOE controls the entire production process from its own organic crops to the final processing and packaging. As a result of all our effort and control in the production process, we have obtained the certifications of ISO 9001 Quality Standard and ISO 22716 Standard Of Good Manufacturing Practices.
1.2 Users of the Platform.
Navigating and using the Platform attributes the status of user and implies full and unconditional acceptance of each and every one of the provisions included in these General Terms and Conditions of Use, in accordance with the version published by VIVITA ALOE at the time the user accesses the Platform.
The use and/or access to certain services or contents of the Platform may be subject to specific terms and conditions (hereinafter, "Particular Terms and Conditions"), as well as to specific contractual conditions of the services offered through it that may eventually replace, complete and/or modify these general terms and conditions of use. In these cases, prior acceptance by the user of these terms and conditions will be a prerequisite for accessing to such services or contents.
In any case, users of the Platform, registered or not, must be at least fourteen (14) years old, and the use by other underage users is prohibited, so that you are responsible for fulfilling this condition, declaring to have the minimum age to access and use the Platform. VIVITA ALOE may request at any time any supporting documentation to ensure proper fulfillment of this condition.
In the event of a violation of the terms and policies to which the Platform is subject, VIVITA ALOE may prevent access to the user, as well as suspend the services or, if it exists, disable user accounts, without the right to any refund or monetary compensation for them.
1.3 Modifications of the terms and conditions.
For this reason, we recommend the user that, every time he/she accesses the Platform, he/she carefully reads these terms and conditions of use, since they may be modified due to legal, technical or corporate reasons, own self-regulation processes or voluntary support of VIVITA ALOE to existing codes of conduct regarding its activity and the best protection of users' rights. Whenever possible, VIVITA ALOE will advertise through the Platform, before the entry into force, any relevant modifications of these terms and conditions for the rights and interests of the users of the Platform. If you do not agree, you can unsubscribe from the service(s) in question.
The declaration of any of the terms and conditions as null, void or ineffective shall not affect the validity or effectiveness of the others, which shall continue to be applicable. In addition, the waiver by either party to demand compliance at any given time with any of these terms and conditions shall neither imply a general waiver to comply with any other terms and conditions nor shall create an acquired right for the other party.
Access to the contents of the Platform has, in principle, an indefinite duration, which is understood without prejudice to the specific nature and definite and limited duration of the services contracted through it that will be provided under the terms and conditions described therein for these purposes.
VIVITA ALOE is authorized to terminate or suspend the provision of services or the performance of actions through the Platform at any time, but with full respect of the applicable regulations in these cases. When reasonably possible, VIVITA ALOE, will first inform through the Platform of the termination or suspension of the services arranged through it.
3. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE PLATFORM.
Through the Platform VIVITA ALOE provides users with the necessary information regarding the application, access and/or use of services or contents (hereinafter, the "Service" or "Services") developed or made available by VIVITA ALOE under the terms and conditions provided for each case.
2.1. Free access to and use of the Platform.
Access and/or navigate the Platform by users is free of charge, which is understood without prejudice to the paid nature of the services offered through the Platform under the terms and conditions agreed by VIVITA ALOE.
2.2 Navigation, registration and data forms.
In general, initial access or navigation through the Platform does not imply the previous subscription or registration of users. However, VIVITA ALOE may make the provision of certain services, or the access to the contents offered through the Platform, conditional on the previous registration of the user and on the fulfillment by him/her of the relevant data forms. VIVITA ALOE reserves the right to unilaterally modify at any time the registration system or the data forms provided in the Platform due to legal, technical or corporate reasons or according to the self-regulation processes to which it may be subject.
2.3. Veracity, accuracy and validity of the information provided by the user.
The data entered by the users in the relevant registration or data collection forms arranged through the Platform shall be at all times accurate, current and true and will be processed by VIVITA ALOE in accordance with the Spanish legislation on the protection of personal data (in the case of personal data). The user (or his/her legal representative) will be the sole responsible for the false, inaccurate or outdated statements made and for the damage caused in this regard to VIVITA ALOE or to third parties as a result of the breach of this duty.
2.4. Obligation to make a proper and responsible use of the Platform and Services.
3. PROHIBITED USES.
It is FORBIDDEN for the users of the Platform to:
1. Use any of the services or contents provided through the Platform for illegal purposes, prohibited in these terms and conditions and detrimental to the rights and interests of VIVITA ALOE or third parties. The use by users of services or contents for lucrative or commercial purposes, the theft of secrets or business, promotional or advertising know-how inciting to participate in all types of games of chance, draws or bingos and games to collect data from third parties, among others, will be considered illegal. The use of the services and contents of the Platform has a purely corporate or personal nature as provided in these same Terms and Conditions and are exclusively addressed to users authorized by VIVITA ALOE in this regard.
2. Damage, render useless, overload, deteriorate or prevent the normal use of the services through the Platform, as well as cyber attack the Platform, systems or associated processes.
3. Transmit, communicate or make available to third parties information, data, contents, messages and, in general, any kind of content that:
(a) is in any way contrary to, disregards or infringes fundamental rights and public liberties constitutionally recognized in international treaties and in the rest of the applicable legislation, in particular, regarding disabled people and other vulnerable groups such as minors or elderly people;
(b) is contrary to the right to honour, personal and familiar intimacy or the very image of persons;
(c) contradicts or infringes the fundamental right to privacy and personal data protection;
(d) induces, incites or promotes illegal, criminal, degrading, defamatory and violent actions or, in general, any actions contrary to law, morality and generally accepted good manners or public order;
(e) induces, incites or promote discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or status;
(f) incorporates, makes available or allows access to illegal, pornographic, criminal, violent, offensive, harmful and degrading elements, messages and/or services or, in general, contrary to law, morality and generally accepted good manners or public order;
(g) leads or could lead to an unacceptable state of anxiety or fear;
(h) leads or could lead to engage in dangerous, risky or harmful practices to physical or psychological balance of persons or their health;
(i) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from its owners the necessary authorization to carry out the intended use;
(j) violates the secrets of VIVITA ALOE or third parties;
(k) is false, ambiguous, inaccurate, exaggerated or untimely, so that it misleads or could mislead as to its object or as to the intentions or purposes of the informant;
(l) in any way impairs the credit of VIVITA ALOE or third parties;
(ll) constitutes, where appropriate, illegal, misleading or unfair advertising and, in general, unfair competition;
(m) incorporates viruses or other physical or electronic elements that may damage or prevent the normal functioning of the social network, computer system or equipments (hardware and software) of VIVITA ALOE, or third parties, or that could damage electronic documents, digital content and files stored in such computer systems and equipments;
(n) causes difficulties in the normal functioning of the services or access to the Platform or its contents due to its characteristics (such as format, extension, etc.)
In case of violation of these prohibitions by the users in question, and from the moment of full knowledge of the facts by VIVITA ALOE, this entity may make as many warnings as necessary in order to immediately cease such activities/actions, promote its immediate withdrawal or rectification and transmit or, simply, not take into consideration, if applicable, possible views, opinions or comments made within the framework of the Platform.
In the event that such requests from VIVITA ALOE are not met by the user by legal or judicial mandate, or simply pursuant to the own legitimate interests or those of third parties, VIVITA ALOE may block and withdraw from the Platform, at any time, the previous elements, information, views and contents in case of knowing their illegitimacy without prior notice to the users. It may also suspend, disable or delete the user account, if any, without any right or monetary compensation in favour of him/her.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY.
The user agrees to use the contents and services made available to him/her in the Platform, that is texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the "Contents"), these conditions of use, the specific terms and conditions of services, other notices, regulations governing use, morality, good manners generally accepted and public order in accordance with the law. In particular, it undertakes to refrain from:
(a) Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying services and contents, unless he/she has the authorization of the right holder or it is legally permitted;
(b) Deleting, manipulating or in any way altering the "copyright" and other identifying data of VIVITA ALOE or third parties;
(c) Exercising or misusing the exploitation rights associated with such contents, unless he/she has been expressly authorized for that purpose by its legitimate owner and, if appropriate, under the conditions expressly agreed upon.
All brands, names, distinguishing signs, content architecture (design, navigation, distribution and taxonomy of the Platform and its contents, etc.) and the contents or software of any kind that are incorporated in the Platform are owned by VIVITA ALOE or third parties. It cannot be understood that the use or access to the Platform and/or the contents or services confers a right on the user regarding the said marks, trade names and/or distinguishing signs, as well as regarding any other elements arranged through it.
In short, the contents and other services are under the intellectual or industrial property of VIVITA ALOE or third parties. According to the provisions of these terms and conditions of use and services, none of the rights that fall or may fall on them can be assigned to the user, beyond what it is strictly necessary for the correct use or access to the Platform and the services and contents (non-sublicensable use to third parties due to the inherent characteristics of the service and other associated legal requirements) which are lent or may be lent to the user through the Platform.
Users and, in general, those who intend to establish a hyperlink between their website and the Platform (hereinafter, the "Hyperlink") shall meet the following requirements:
The establishment of the hyperlink does not imply in any case either the existence of relations between VIVITA ALOE and any third party included or existing in the Platform, on the one hand, and the owner of the web page in which it is established, on the other hand, or the acceptance or approval of its contents or services by VIVITA ALOE or such third parties.
VIVITA ALOE may at any time urge people who have established a hyperlink between their website and the Platform to eliminate it, subject to any legal and/or judicial actions that may be appropriate.
6. COMMERCIAL COMMUNICATIONS.
Commercial communications and promotional offers made by VIVITA ALOE will be duly identified as such and will be governed by its own regulations and by the applicable Spanish legislation, in particular, that regarding the services of the information society and electronic commerce, personal data protection of commercial, advertising and deontological nature and protection of consumers and users.
In this sense, VIVITA ALOE will not carry out advertising or promotional communications by electronic mail or other equivalent means of electronic communication that had not been previously requested or expressly authorized by the users of the Platform. Notwithstanding the foregoing, VIVITA ALOE may use them without such authorization by the users if such communications refer to professional services of this company that are similar to those that were initially contracted by the client or user of the Platform. All this without prejudice of the previous information that happens and the possibility of the user to reject any type of unwanted advertising or promotion.
VIVITA ALOE will offer the recipient the possibility to object to the processing of his/her data for promotional purposes by means of simple and free procedures, both at the time of collecting the data and in each of the commercial communications addressed to him/her.
The recipient user of such commercial communications may at any time revoke consent to receive such commercial communications with a simple notification of their will addressed to VIVITA ALOE.
7. DISCLAIMER OF WARRANTY AND LIABILITY.
VIVITA ALOE does not guarantee the availability and continuity of the functioning of the Platform and the services provided through it, whether their own ones or those of third parties. When reasonably possible, it will first warn of interruptions in the functioning of the Platform, access to its contents, or the provision of the relevant services.
VIVITA ALOE does not guarantee the usefulness of the Platform and the contents and services arranged through it to carry out any specific activity or purpose that the user intends.
VIVITA ALOE does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in its computer system (software and hardware) or in the electronic documents and files stored in its computer system, although it will adopt preventive and corrective measures in this regard.
VIVITA ALOE does not absolutely guarantee the veracity, accuracy, completeness, legality, reliability and usefulness of the contents and services of the Platform, in particular, those offered, advertised or provided by third parties outside this entity.
VIVITA ALOE can make available to users through the Platform technical linking devices (such as links, banners and buttons, among others), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, "Linked Sites"). The installation of these links, directories and search tools in the Platform has the sole purpose of providing users with the search and access to information, contents and services available on the Internet. The results of search tools are provided directly by third parties and are the result of the automatic functioning of technical mechanisms, so that VIVITA ALOE cannot control and does not control those results and, in particular, it cannot control that they include Internet sites whose contents may result illicit, contrary to morality or good manners or considered inappropriate for other reasons.
VIVITA ALOE, as a mere provider of services of the information society, neither assume, direct or control nor is identified in any way with the opinions, comments or actions associated with the users, nor does it have publishing activity in this area. The user (and, if applicable, his/her legal representatives) shall be solely responsible for such opinions, comments or actions through the Platform.
VIVITA ALOE does not assume, share or cooperate, in any way, in the actions intended or carried out by the users of the Platform. The users (and, if applicable, their legal representatives) will be solely responsible for the actions or measures that they intend, carry out or adopt based on the information accessed or transmitted through the Platform by other users.
Users of the Platform (and, if applicable, their legal representatives) are solely responsible for the actions, views, opinions, comments, contents and information published, transmitted, communicated or provided through the Platform.
In all previous cases, VIVITA ALOE excludes liability or damages that occur or could occur, to the full extent permitted by applicable law, whether against the user, their legal representatives or against any third party.
8. NOTIFICATION PROCEDURE IN CASE OF CONDUCTING ILLEGAL ACTIVITIES.
In the event that any user, person or third party considers that there are facts or circumstances revealing the illegal nature of the use of any service or content provided through the Platform, or that his/her rights and legitimate interests have been violated, he/she may send a notification to VIVITA ALOE through any valid legal means in which, at least, the following information is included:
(a) Claimant's personal and contact details: full name and surnames, postal and electronic (email) address for notification purposes, national identity card, passport or equivalent legal document (including a copy or photocopy thereof) and contact telephone number;
(b) Specification of the alleged illicit activity carried out on the Platform;
(c) In the event of an alleged violation of intellectual or industrial property rights, a precise indication thereof, the supporting documentations relating to them (if any), an indication of the copyright content or elements, as well as their precise location on the Platform, if applicable;
(d) Sufficient powers of attorney (legal or voluntary). Depending on the cases, Family Book and ID card, passport or equivalent document proving the identity of the legal representative (in the event of a legal representative of a minor) and sufficient powers of attorney (in the event of voluntary representatives of the claimant or person affected);
(e) Specific and clear statement under the responsibility of the claimant that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the described activities.
(f) Handwritten or electronic signature of the claimant or person affected on behalf of whom he/she is acting and date.
In any case, we recommend that you send us this documentation preferably through the email email@example.com enabled for this purpose by VIVITA ALOE.
In these cases, VIVITA ALOE will examine the notification and its attached documentation and, as soon as possible, will answer the claimant (or his/her legal or voluntary representative, as the case may be), without prejudice to its right to block or withdraw, temporarily or definitively, at any time, and without previous notice to the user, contents, opinions, comments or any information or element related to the claim.
9. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENTS.
In case of non-compliance by the user with these terms and conditions of use and the Privacy and Cookies Policy of the Platform, also accessible from here (all of them documents that the user has fully accepted without reservations), VIVITA ALOE may, according to the cases described in these documents, disable or delete the user account or prevent the use of the Platform and services associated with it, without this entailing for the user any compensation or right in this regard due to his/her failure to fulfill his/her specific obligations.
In addition, VIVITA ALOE reserves the right to block and remove from the Platform, at any time, without prior information to the user, the publication of data, elements, views, comments, opinions and, in general, any content that is or may be contrary to applicable law, regulations, policies and conditions.
In any case, VIVITA ALOE reserves the right to exercise any legal or judicial action that may be appropriate in relation to such actions.
10. APPLICABLE LAW AND JURISDICTION.
These terms and conditions are governed in each and every one of its clauses by applicable Spanish law, which shall apply in the event of disputes or disagreements arising from the interpretation and/or execution thereof, or any other of the specific conditions provided in the Platform, waiving any other jurisdiction that may apply to the parties and subject to the competent Courts and Tribunals of Santa Cruz de Tenerife (Island of Tenerife, Canary Islands, Spain).