Last updated, 1st of January 2018
These General Terms and Conditions and Privacy Policy (“Terms”, “Terms of Use”) regulate the use of all web pages constituting the Biosilva websites owned by Biosilva Agroforestal S.L. (“Biosilva”, “BS”, “us”, “we”, or “our”), available at domain www.biosilva.com, and its respective subdomains (the “Websites”), as well as mutual rights and obligations regarding provision and use of services, materials, functionalities and other content available through the Websites.
These Terms apply to all users of the Websites. By accessing or using the Websites, the user acknowledges its contents, and fully understands and agrees to the rights and obligations arising from the use of services, materials, functionalities and other content available through the Websites. If you do not accept any of these Terms, please do not use the Websites.
Specific terms may also apply to the use of certain services, materials, functionalities and other content available through the Websites, of which the users shall be informed in an appropriate manner.
We reserve the right to modify or append the Terms, unilaterally, at any time and without prior notice, of which all users shall be duly informed by means of an appropriate notice on the Websites. You are obliged to review the Terms periodically, in order to check for possible modifications or additions. By using the Websites after modifications or additions to these Terms have been made, you fully acknowledge, understand and accept the content thereof. Furthermore, we reserve the right to modify the content, design or location of the Websites, as well as the services, materials, functionalities and other content available through the Websites, unilaterally, at any time and without prior notice. We cannot be held responsible for any damage caused to users or third parties related to the above described modifications.
USE OF THE WEBSITES
It is not allowed (hereinafter: Prohibited Practices):
- to use the Websites or content available through the Websites in a manner which may cause damage to Biosilva, other users or any third party;
- to publish, upload, exchange or transmit Prohibited Content;
- to publish, upload, exchange or transmit any content that the user knows to be false or untrue, or has justifiable reason to believe it to be false or untrue, and whose use may cause damage to Biosilva, other users or third parties;
- to misrepresent yourself with the purpose of deceiving Biosilva, other users or third parties;
- to publish, upload, exchange or transmit to Biosilva, other users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
- to purposefully publish, upload, exchange or transmit any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Websites, cause damage or destruction of any computer program, or any computer and other equipment owned by Biosilva, other users or third parties;
- to collect, process or use personal data of the Websites users or third parties in an unauthorized manner;
- to engage in overt or covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorized manner.
Users or third parties shall be legally liable for failure to comply with the provisions of these Terms related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to Biosilva, other users and/or third parties. We reserve the right, but do not assume the obligation, to cancel a user account should such account exist, as a result of the user’s Prohibited Practices or other unlawful behaviour, or any violation of these Terms that we assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any user or third party. In consequence of the above, we cannot be held responsible for possible damage incurred to the user, other users or third parties, caused by Prohibited Practices or cancellation of the user account in accordance with the provision in the previous paragraph.
CONTENTS OF THE WEBSITES
The following services, materials, functionalities and contents are available to users through the Websites: general company information, service and product offerings, articles, presentations, forums, news and other content (“Content(s)”). The Websites contains Biosilva’s own Content, as well as the Content of users, Biosilva’s partners and other third parties. We shall make every available effort to ensure constant availability of the Websites, as well as constant and unhindered access to the Contents available through the Websites, as regulated by these Terms, and possible specific terms applicable to the use of certain Content or separate web pages within the Websites.
User registration
Access to information, functionalities, services and other content available through the Websites, is primarily granted to unregistered users. Access to some content available through the Websites and the use thereof is only available to registered users. Any reference to users made in these Terms includes both registered and unregistered users. As defined by the provisions of these Terms, any natural person who fills out the electronic registration form during initial login to the system may register and is considered a registered user of the Websites. In order to register, the you must acknowledge all here stated registration rules, perform the registration procedure, provide accurate, complete and true data and choose a username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Such usernames shall be deleted without prior notice. User registration is possible only with unconditional acceptance of these Terms and with the consent for collection and use of personal data in accordance with the legal provisions in force and the provisions of the Privacy Policy that is part of these Terms. By completing the registration process every user receives his/her own user account. You are responsible for safeguarding the authentication information, including password, that you use to access the Websites, and for any activities or actions under your authentication information, whether your authentication information is with our Websites or a third-party service. You agree not to disclose your authentication information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Termination of registration does not remove your liability for possible violations and/or damage inflicted during the validity period of your registration. By registering you agree to receive notices related to administration or your use of the Websites and its Content, released by Biosilva, and legal or natural persons appointed, engaged or authorized by Biosilva. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Websites will immediately cease. If you wish to terminate your account, you may simply discontinue using the Websites.
Prohibited Content
It is prohibited to publish, transmit, upload or exchange any content violating the current laws of Spain and European Union, particularly the content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, the content violating intellectual property rights, the content considered as unauthorized disclosure of personal data or as violation of the right of privacy of users or third parties, as well as any other content which may cause damage to Biosilva, other users or third parties (“Prohibited Content”).
Links to third party websites
The Websites contains links to other websites owned by Biosilva, as well as to third party websites. The publication of Links on the Websites does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein. We shall not control or supervise content available through the Links and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof. For information regarding such Links please contact support@biosilva.com. Any such link containing or referring to Prohibited Content shall be immediately removed upon receipt of the corresponding notice. Furthermore, we reserve the right, but do not assume the obligation, to remove any Link, without prior notice and without explanation, based on our own assessment or on information received by any user or third party, for any reason, but primarily due to violation of these Terms. In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any Link, or relying on any content available via the Link.
Advertising on the Websites
Any advertising content on the Website shall always be marked as such. The publication of advertising content on the Websites by any third party does not mean that we endorse, approve, recommend, promote, or in any other way support the advertisers, their products or services. The advertisers are independent entrepreneurs with whom mutual rights and obligations regarding advertising on the Websites are regulated through separate contracts. Therefore, we are not involved in any possible relationship you may establish with the advertisers regarding their advertising content available through the Websites. Any rights and obligations arising from such relationships shall be regulated directly with the corresponding advertiser. Also, for any comments or information related to advertising please contact the advertiser directly. Since we do not control or supervise content available through advertisements, we cannot guarantee the accuracy, truthfulness, origin, content or availability thereof. However, we shall make every reasonable effort to ensure that advertising effectuated through the Websites does not contain any Prohibited Content. Therefore, we reserve the right, but do not assume the obligation, to remove any advertising content, without prior notice and without explanation, based on our own assessment or on information received by any user or third party, due to any reason, but primarily due to violation of these Terms. We shall remove any advertising content which contains or represents Prohibited Content immediately upon receipt of the corresponding notice sent to support@biosilva.com published on the Websites. In consequence of the above, we cannot be held responsible for possible damage arising from publishing or removing any advertisement or relying on any content thereof.
Interactive Content
The Websites contains web pages and sections intended for interaction with or between users in a manner which enables transmitting, uploading, publishing, exchanging and mutual use of information, comments, reviews, recommendations, opinions, attitudes and other possible content, as well as other ways of participating in the functionalities, services and other content available through the Websites (hereinafter: Interactive Content). Access to some parts of the Interactive Content, their provision or use are granted only to registered users. Interactive content shall be duly marked, whenever this is enabled by the manner of its publication or use. The publication of Interactive Content on the Websites does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein. We reserve the right to supervise Interactive Content that is publicly available, as far as this is possible given the manner of its publication and use. However, we shall not control or consistently supervise all Interactive Content and therefore we cannot guarantee the accuracy, truthfulness, origin, contents or availability thereof. For any comments or information regarding the Interactive Content, please contact support@biosilva.com.
By transmitting, uploading, enabling access, exchanging or providing personal Interactive Content in any other way through publicly available part of the Websites, the user authorizes Biosilva to publish or not publish on the Websites the Interactive Content concerned or to remove it from the Websites, based on Biosilva´s assessment, without further permission and without specific copyright or other compensation. When publishing their Interactive Content, the user is entitled to request that their name and/or last name, username or other corresponding nickname be or not be shown, and that their published Interactive Content be removed at any particular moment and due to any reason. Furthermore, the user authorizes Biosilva and every other registered user to use the Interactive Content published on the publicly available part of the Websites for any purpose, including further reproduction and distribution to other users or third parties in any form (oral, written or electronic), in any way, by any means and in any manner, in the original or derived form (abbreviated, appended, translated into another language, or edited, adapted or processed in any other way), without separate further approval and without copyright or other compensation. However, Biosilva cannot be held responsible for actions performed by other users or third parties with respect to the Interactive Content provided by the user for publication through the Websites. If Biosilva, based on its own assessment, should decide that any such Interactive Content is for any reason inappropriate for publication on the Websites in its original form, such Content shall be removed, and publication of the original denied. Please note that Biosilva is obligated to remove any illegal Interactive Content immediately upon receipt of the corresponding notice. Furthermore, we reserve the right, but do not assume the obligation, to change, remove or refuse to publish any Interactive Content, completely or partially, without prior notice and without explanation, based on our own assessment or on information received by any user or third party, due to any reason, but primarily due to violation of these Terms. In consequence of the above, we cannot be held responsible for possible damage caused to users or third parties regarding publishing or failure to publish, removing, using, or relying on any Interactive Content. By providing such Interactive Content for publication through the Websites the user warrants that:
- that he/she is the author of the Content, or owner of corresponding copyrights and/or other intellectual property rights acquired legally, and that he/she is authorized to enable publication, editing, use, reproduction, or distribution of the Interactive Content for the purpose, in the manner and under the conditions specified in these Terms;
- that the Interactive Content is provided for publication through the Websites bona fide, and that the provision, publication and subsequent use of the Content in accordance with these Terms shall not in any way violate the rights of Biosilva, other users or third parties, including in particular the copyright and/or other intellectual property rights, trade secret, reputation, honor and dignity, privacy, family life, other rights of privacy, and any other rights protected by legal provisions in force, nor shall it inflict damage, either tangible, intangible, direct, or indirect;
- that the Interactive Content is complete, true, accurate, etc. to his/her own best knowledge and belief;
- that he/she shall protect Biosilva from all possible requests by other users or third parties submitted to Biosilva against the violation of the here stated user warranties, particularly against the violation of intellectual property, trade secret, right of privacy and any other rights with respect to the provided Interactive Content, including indemnity requests; Biosilva shall immediately inform the user of the submission of any such request;
- that he/she shall make full compensation to Biosilva, other users and/or third parties for damages and costs (including legal representation costs and judicial costs) incurred by the violation of the warranties specified here.
CONFIDENTIALITY
In the event that you or Biosilva obtain access to the confidential information of the other party in the course of using the Websites, the party obtaining such information shall maintain the confidentiality of such information in the same manner it maintains the confidentiality of its own similar confidential information, but in no event with less than reasonable care.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Content available through the Websites in any form, especially that in the form of documents, photographs, images, drawings, diagrams, charts, audio and visual materials, etc., are protected by copyright and other intellectual property rights according to the legal provisions in force. Users are held responsible for possible violation of copyrights and other intellectual property rights related to the misuse of such Contents. The Websites contain names of natural and legal persons, products, services, trademarks, logos, pictures, graphics and other content subject to the protection of intellectual property rights and privacy (Protected Content) held by Biosilva and/or third parties. Access to or use of the Websites does not grant any license, right to use and or exploit, or any other right related to such Protected Content, except to the extent and in the manner explicitly specified in the provisions of these Terms or a corresponding separate contract. It is strictly not allowed to:
- download, reproduce, copy, distribute, lease, provide for use, publish, communicate to unauthorized third parties or general public, or use Content in any other way for commercial purposes, without written consent previously granted by Biosilva;
- alter, modify, edit, translate, or create derived works from any Content available through the Websites for commercial purposes, without written consent previously granted by Biosilva;
- use Content available through the Websites for purposes related to selling or offering for sale, advertising or promotion of any product or service by any person.
If we independently discover a violation of copyright and/or other intellectual property rights, trade secret or other rights of users or third parties, or any other violation of these Terms, or if we are informed by a user or third party of any such violation, or if we receive a request for the removal of a Content including but not limited to Protected Content and or Interactive Content, we shall immediately take all necessary measures to establish grounds for such request. In this regard, the party claiming such content violation, shall provide all necessary information and explanations concerning such notification and or request. If we establish that such request is valid (e.g. on the basis of a final judicial decision or valid settlement), the Content in dispute shall be permanently removed from the Websites without delay. Also, we reserve the right, but do not assume the obligation to remove the Content in dispute from the Websites, without prior notice and without explanation, based on our own assessment and until such dispute has been finalized.
DISCLAIMER AND LIMITATION OF LIABILITY
In no event shall Biosilva, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Websites; (ii) any conduct or content of any third party on the Websites; (iii) any content obtained from the Websites; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Your use of the Websites is at your sole risk. The Websites are provided on an “AS IS” and “AS AVAILABLE” basis. The Websites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Biosilva, its subsidiaries, affiliates, and its licensors do not warrant that a) the Websites will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Websites are free of viruses or other harmful components; or d) the results of using the Websites will meet your requirements. We limit our liability, to the fullest extent permitted by law, for damages arising from any cause whatsoever to the maximum amount of money (1) that you paid for a service and/or product, or other content, or (2) to 1,000.00 € if Rule (1) is not applicable due to the nature of the violation, damage, compensation, or other circumstance.
PRIVACY POLICY
Communication and disclosure of personal data to third parties
Your personal data will be hosted and stored using online services such as GoDaddy, Microsoft Office 365 and Windows Azure on servers that are located in the European Union and the United States, as well as other countries which might not have the adequacy decision of the European Union. In addition to the above, your personal data may be stored on the physical IT infrastructure belonging to Biosilva, and subject to the guidelines defined by the EU’s General Data Protection Regulations (EU-GDPR). Should it be necessary for any reason to send and or store date in countries that do not providing the same level of protection as the (EU-GDPR), Biosilva will insure the appropriate safeguards to protect your personal data, including but not limited to Standard Contractual Clauses. Your personal data (including your email) will never be shared with any third parties for marketing purposes.
Which personal data do we collect
Types of data that we collect for specified purposes are your name, phone number, job role, the company you work for and your country of residence, IP address, email address, and other data that is specified in the Privacy Notice displayed next to every form where we collect your personal data.
Purpose and manner of personal data collection and use
Biosilva collects and processes personal data in accordance with the provisions of the (EU-GDPR) and other regulations in force in Spain and the European Union. Your personal data is processed subject to your express approval and exclusively for the purposes related to the request for such personal data, through the Websites. Your consent for the collection and processing of your personal data for a given purpose shall be requested when completing the appropriate form published on the Websites. Your personal data shall be used in order to provide Content, reply to queries concerning the Content available on the Websites, inform you about existing and new content, materials, functionalities, services, and other offers that may interest you, and in order to improve the quality of the Content and the Websites. You will find a precise disclosure of the purpose of collecting your personal data in the Privacy Notice displayed next to every form where we collect your personal data. All collected data is electronically stored, and appropriate measures and procedures are applied in order to prevent unauthorized access, maintain the level of personal data protection, and use the data collected online in an appropriate manner. Even though we take all appropriate measures to ensure against unauthorized disclosure of your personal data, we cannot guarantee that some of the collected personal data shall never be disclosed in a manner that is not in accordance with these Terms. Accidental disclosure may be, for example, a consequence of false misrepresentation when accessing websites that contain such data, with the purpose of correcting possible errors in the data. Our liability shall be limited, to the fullest extent permitted by law, for any damage caused to users or third parties relating to accidental disclosure of such personal data.
Collection and processing of personal data by other users or third parties
The Websites contain Interactive Content and may contain Links to third-party websites, through which other users or third parties may gain authorized or unauthorized access to your personal data. These Terms do not apply to the collection, processing or use of personal data that you communicate to other users and/or third parties. It is in your best interest to acquaint yourself with the rules of personal data protection, and the protection of privacy applied by other users and/or third parties. Since we cannot control the data you provide when accessing or using the Interactive Content, Links or third-party websites, or in other circumstances in which you communicate your personal data to other users and/or third parties, we shall not be liable for any damage caused to you, other users and/or third parties, arising from the fact that you communicated your personal data, in relation to the use of the Websites.
Modification and deletion of personal data
You are legally entitled to request modification or deletion of your personal data, or deletion from the registered user database at any time. Modification or deletion of data shall be made on the basis of an appropriate notice addressed to support@biosilva.com.
Cookies
We reserve the right to use cookies on the Websites. For your information, a cookie is a group of data serving as your anonymous individual identifier that is sent to your browser by websites. Cookies are sent when you access a website, they are stored in your computer and they serve to record information about your subsequent online visits. Therefore, after a cookie has been stored on your computer during your first access to a website, every time you return to the website it will look for its cookie in order to read the stored data. Since a cookie is an anonymous individual identifier, it does not contain or send any personal information to the website that stored it on your computer, but only enables faster and more efficient activation of information, data and settings previously communicated during access and use of the website. Your browser is set in such a way that each website can only access its own previously sent cookies, but not the cookies of other websites. The Options or Settings menu of your browser allows you to select an appropriate option for receiving cookies, even to disable them completely. However, disabling cookies completely will reduce the efficiency of some content available on some websites.
Retention time
Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information.
Your rights
In the event that you receive a subscription-based message, you can unsubscribe from any such messages by clicking the unsubscribe link in the footer of the message. Should you believe that any personal data we hold on you is incorrect or incomplete, you have the right to request to see this information, rectify it, or have it deleted. To exercise these rights, please contact support@biosilva.com. In the event that you wish to lodge a complaint about how we have handled your personal data, please contact support@biosilva.com. We will then look into your complaint and work with you to resolve the matter. If you still feel that your personal data has not been handled appropriately according to the law, you can contact the Spanish Personal Data Protection Agency and file a complaint with them via the web www.agpd.es.
TERMS OF USE FOR DOCUMENTATION
All documentation and information provided via the Websites is protected by copyright held by Biosilva. In this regard, Biosilva grants you a non-exclusive and limited right to use such document/documentation, in whole or in part, privately and subject expressly to the terms and conditions herein defined. All rights which are not expressly granted herein are reserved. It is expressly prohibited to use the document/documentation commercially for any purpose or for any need not directly related to your internal business. It is strictly prohibited to distribute the original or copies of the document/documentation by selling or otherwise, or offering them with the intention of selling, as well as to print, publish, and make available to the public, through wired or wireless systems, by enabling unauthorized third persons to access the documents from places and at times of their own choosing (e.g. internet publishing), without previously obtaining written consent from Biosilva. You are not authorized to transfer your rights to associated or non-associated legal or natural third persons, including your affiliate companies, or to grant any such third persons any right to use the document/documentation without written consent previously granted by Biosilva.
ERRORS AND INACCURACIES
We are constantly updating our offerings of products and services on the Websites. The products or services available on our Websites may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Websites and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Spain and European Union, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Websites and supersede and replace any prior agreements we might have between us regarding the Websites.
