The website www.kimitecgroup.com (hereinafter referred to as the “Website”) is owned by AGROINDUSTRIAL KIMITEC, S.L. (hereinafter referred to as the “Company”), whose registered office is  Paraje Cerro de los Lobos S/N – 04738 Vícar (ALMERÍA) with tax number B04612909, which is listed in the Company Register of Almería, Volume 1174, Folio 109, S 8th, Sheet AL-31334 and 1st entry.

Welcome to AGROINDUSTRIAL KIMITEC, S.L. We invite you to read carefully these general terms of use of our website (hereinafter referred to as the “General Terms of Use”), which describe the terms and conditions applying to your navigation through the website in accordance with the applicable Spanish regulations. The Company may modify these General Terms of Use in the future; we therefore recommend you to keep yourself informed of any changes made by reading them periodically.

Aiming to keep an acceptable level of transparency, clarity and simplicity regarding the use of the Website, AGROINDUSTRIAL KIMITEC, S.L. informs that any suggestions, doubts or requests regarding these General Terms of Use will be received and processed through the following e-mail address lopd@kimitec.com.

Purpose

AGROINDUSTRIAL KIMITEC, S.L. provides the contents and services available on the Website in accordance with these General Terms of Use and our policy regarding the processing of personal data (hereinafter referred to as “Data Protection Policy”). By accessing the Website or otherwise using it you are considered a «User», which implies accepting without reservations our General Terms of Use, notwithstanding the reserved company’s right to modify them at any time. Consequently, it will be the User’s responsibility to carefully read the applicable General Terms of Use every time he accesses the Website; should you not agree with any of the terms included herein, please refrain from using the Website.

Please also notice that, occasionally, special terms may be applied to the use of specific contents and/or services within the Website; the use of such contents or services will imply the acceptance of the special terms specified therein.

Services

Through the Website, AGROINDUSTRIAL KIMITEC, S.L. offers the User the possibility to access: Information about the company, its contact details, its products and services, its prices, its commercial offers, its location –a contact feature for requests that requires the provision of personal data–, and links for accessing its social networks (hereinafter referred to as the “Services”).

Privacy and Data Processing

When personal data are required to access specific contents or services, the User shall guarantee their veracity, correctness, authenticity and validity. The Company shall apply to such data the appropriate automated processing depending on their nature or purpose, according to the terms set out in the Data Protection Policy.

Industrial and Intellectual Property

The User acknowledges and accepts that all contents included in the Website, and in particular all designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights, and that all trademarks, trade names or distinctive signs, along with all industrial and intellectual property rights over the contents and/or other elements embedded in the page, are the exclusive property of AGROINDUSTRIAL KIMITEC, S.L. and/or third parties, who have the exclusive right to use them for commercial purposes. Consequently, the User undertakes not to reproduce, copy, distribute, make available or otherwise communicate publicly, transform or modify such contents, and holds the Company harmless from any claim arising from the breach of such obligations. In no event does access to the Website imply any waiver, transmission, license or transfer, be it total or partial, of such rights, unless otherwise expressly agreed. The General Terms of Use of our Website do not confer on users any other rights to use, alter, exploit, reproduce, distribute or communicate publicly the Website and/or its contents, apart from those expressly granted herein. Any other use or exploitation of any right shall be subject to the prior and express authorization, specifically granted to that end, from AGROINDUSTRIAL KIMITEC S.L. or the third party holding the rights concerned.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation included in the Website, as well as the site as such, are subject to intellectual property law and therefore copyrighted. AGROINDUSTRIAL KIMITEC, S.L. is the owner of the elements included in the graphic design of the

Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website, or otherwise has the appropriate authorization to use such elements. No content of the Website may be reproduced in whole or in part, nor transmitted or registered through any information retrieval system, in any form or by any means, unless prior written permission is granted by the aforementioned entity.

Likewise, it is not allowed to delete, circumvent and/or manipulate the «copyright», nor any other technical protection measure or information mechanism that may hold the contents. The User of this Website undertakes to respect the rights described and to avoid any action that might harm them; in any case, the Company reserves the right to exercise any legal means or actions to which it is entitled to protect its legitimate intellectual and industrial property rights.

Obligations and Responsibilities of the User of the Website

The User undertakes to:

Make a proper and lawful use of the Website, as well as of the contents and services, in accordance with: (i) the law applicable at any given time; (ii) the General Terms of Use of the Website; (iii) the generally accepted moral codes and standards of good behavior; and (iv) the public order.

Equip himself with all the means and technical requirements necessary to access the Website.

Provide truthful information when completing the forms included in the Website with his personal data, and keep those up to date at all times so that they always reflect the actual situation of the User. The User shall take full responsibility for all the false or inaccurate statements he makes, and for the damages he causes to the Company or to third parties due to the information provided by him.

However, as set out in the previous section, the User must also refrain from:

 1. Making any unauthorized or fraudulent use of the Website and/or the contents for purposes that are unlawful, prohibited in these General Terms of Use, injurious to the rights and interests of third parties, or that could somehow damage, render useless, overburden, impair or prevent the normal use of the services or the documents, files or any other contents stored in any data-processing equipment.

 2. Accessing or attempting to access resources or restricted areas of the Website without fulfilling the conditions required for such access.

 3. Causing damage to the physical or logical systems of the Website, its suppliers or third parties.

 4. Introducing or disseminating through the Internet computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the Company, its suppliers or third parties.

 5. Attempting to access, use and/or manipulate the data of the Company, and those of third party suppliers and other users.

 6. Reproducing, copying, distributing, allowing public access through any public communication means, transforming or modifying the contents, unless he is authorized by the holder of the corresponding rights or otherwise legally allowed to do it.

 7. Deleting, hiding or manipulating the notes regarding intellectual or industrial property rights and other identifying data included in the contents and related to the rights of the company or of third parties, as well as technical protection systems or any other information mechanisms that may be embedded in the contents.

 8. Obtaining and attempting to obtain the contents by means or procedures other than those which, depending on the case, have been made available for such a purpose or expressly indicated on the web pages where the contents are located, or which, in general, are different from those commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or its contents.

 9. In particular, the User undertakes, inter alia, not to transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(i) is somehow contrary to, undermines or infringes the fundamental rights and civil liberties recognized in the Constitution, in International Treaties and in the rest of the legislation in force;

 (ii) induces, incites, or promotes criminal, denigrating, defamatory or violent actions, or in general activities that are unlawful, immoral, or contrary to the generally accepted standards of good behavior or the public order;

(iii) induces, incites, or promotes discriminatory actions, attitudes, or thoughts on the grounds of sex, race, religion, belief, age, or condition;

(iv) includes, makes available or allows access to products, elements, messages and/or services of a criminal, violent, offensive, harmful or degrading nature, or that are, in general, unlawful, immoral or contrary to the generally accepted standards of good behavior or the public order;

(v) induces or may induce an unacceptable state of anxiety or fear;

 (vi) induces or incites an involvement in practices that are dangerous, risky, or harmful to both physical and mental health;

(vii) is protected by intellectual or industrial protection laws as being the property of AGROINDUSTRIAL KIMITEC, S.L. or of third parties, when its intended use has not been authorized;

 (viii) damages the honor, the personal and family privacy or one’s own image;

 (ix) can be considered a form of advertising;

 (x) includes any kind of virus or program preventing the normal operation of the Website.

 
If, in order to access some of the services and/or contents of the Website, the User is provided with a password, it must always be used diligently, and kept secret at all times. Accordingly, he shall be responsible for its proper custody and confidentiality, committing himself not to transfer it to third parties, be it temporarily or permanently, nor to allow access to the aforementioned services and/or contents by strangers. You also agree to notify the Company of any event that may result in the misuse of your password, including but not limited to its theft, loss or unauthorized access, so that it can be canceled immediately. Until such a notification, AGROINDUSTRIAL KIMITEC, S.L. will be relieved of any liability that may arise from the misuse of your password, falling under your sole responsibility any unlawful use of the contents and/or services included in the Website by any illegitimate third party.

If negligently or intentionally you fail to comply with any of the obligations set forth in these General Terms of Use, you will be liable for all damages caused to AGROINDUSTRIAL KIMITEC, S.L. as a result of such non-compliance.

Liability

AGROINDUSTRIAL KIMITEC, S.L. does not guarantee the continued access, nor the correct display, download or functionality of the elements and information included in the web pages, which may be impaired, hindered or interrupted by factors or circumstances that are beyond its control.

AGROINDUSTRIAL KIMITEC, S.L. is not responsible for the possible decisions taken based on the access to the contents or information offered.

AGROINDUSTRIAL KIMITEC, S.L. may interrupt the service or immediately terminate its relationship with the User if it notices that the Website or any of the services offered therein are being used against these General Terms of Use. The company is not responsible for any damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for the earliest possible removal of any content that may be causing such damages, provided that they are notified. In particular, it shall not be liable for any damages that may arise, inter alia, from:

 1. Interferences, interruptions, failures, omissions, telephone failures, delays, blockages or disconnections in electronic systems, caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the Company’s control.

 2. Illegitimate intrusions through the use of malicious software of any kind and through any means of communication, such as computer viruses or any other.

 3. Abuse or misuse of the Website.

 4. Security or navigation errors caused by a malfunction of the browser or due to the use of outdated versions. The managers of the Company reserve the right to withdraw, in whole or in part, any content or information included in the Website.

AGROINDUSTRIAL KIMITEC, S.L. will not be liable for damages of any nature that may arise from the User’s misuse of the services that are freely available to the public. Furthermore, the Company is exempt from any responsibility regarding the contents and information that may be received through the data collection forms, which are exclusively aimed at the resolution of queries and doubts. However, in case of damages due to an illegal or incorrect use of such services, the Company may file a damage claim against the User.

 You will defend, indemnify and hold the Company harmless from any damages arising from claims, actions or lawsuits of third parties as a result of your access to or your use of the Website. You also agree to indemnify AGROINDUSTRIAL KIMITEC, S.L. against any damages arising from your use of «robots», «spiders», “crawlers” or similar tools with the aim of collecting or extracting data, or against any other action performed by you and involving an unreasonable burden on the operation of the Website.

Hyperlinks

The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Website of AGROINDUSTRIAL KIMITEC, S.L. nor any of its contents unless he is expressly authorized in writing by the Company.

The Website of AGROINDUSTRIAL KIMITEC, S.L. includes links to external websites managed by third parties in order to facilitate the User’s access to information provided by collaborators and/or sponsors. In this regard, the Company is not responsible for the contents of those websites, nor it acts as a guarantor or provider of the services and/or information that may be offered to third parties through our external links.

The User is granted a limited, revocable, non-exclusive right to create links to the Website’s home page, only for private, non-commercial uses. External websites providing links to our Website (i) may not imply that the Company recommends the external website nor its services or products; (ii) may not misrepresent their relationship with the Company nor claim that the Company has authorized such a link, or include trademarks, designations, trade names, logos or other distinctive signs of the company; (iii) may not include contents that could be considered tasteless, obscene, offensive or controversial, that promote violence or discrimination on the grounds of sex, race or religion, or that go against the public order or are unlawful; (iv) may not link to any page of the Website other than the home page; (v) must link directly to our Website, being strictly forbidden to reproduce its contents within the external website or one of its frames, or to create a “browser” for any of the pages of the Website. AGROINDUSTRIAL KIMITEC, S.L. may request at any time the removal of any link to the Website, after which the external website must proceed immediately to its deletion. The Company cannot control the information, contents, products or services provided by external websites that include links to its Website.

AGROINDUSTRIAL KIMITEC, S.L. takes therefore no responsibility for any aspect related to such websites.

Data Protection

In order to use some of the services, the User must provide certain personal data in advance. AGROINDUSTRIAL KIMITEC, S.L. will automatically process personal data in compliance with the General Data Protection Regulation. The User can check the policy concerning personal data processing, as well as its previously established purposes and conditions, in the Data Protection Policy available on this Website.

Cookies

AGROINDUSTRIAL KIMITEC, S.L. reserves the right to use the so-called “cookie” technology on the Website in order to recognize the User and customize his use of the Website by preselecting the language or the preferred/specific contents. The “cookies” used on the Website, whether it is by us or by third parties acting on our behalf, are exclusively associated with an anonymous user profile and your computer, and do not provide the actual personal data of the User.

Cookies are files sent to a browser through a web server in order to track the User’s behavior on the Website, provided that he allows their reception. The User can delete those “cookies”; the related procedure can be checked in the user guide of the corresponding browser.

Thanks to the cookies, it is possible for the Company to recognize the User’s browser and make it provide specific contents and display his browsing and advertising preferences, as well as recognize his demographic profile to measure visits and traffic parameters, and monitor progress and number of entries.

Duration and Termination

 The service provided on this Website and other related services are, in principle, of indefinite duration. However, the Company may terminate or discontinue any of the portal services. If possible, the Company will notify the termination or discontinuation of the particular service provided.

Representations and Warranties

 In general, the contents and services offered on the Website are for information purposes only. Therefore, AGROINDUSTRIAL KIMITEC, S.L. does not make any representation or warranty regarding the contents and services offered on the Website, including but not limited to a warranty of lawfulness, reliability, usefulness, truthfulness, accuracy or marketability, except to the extent in which such representations and warranties cannot be excluded by law.

Force Majeure

AGROINDUSTRIAL KIMITEC, S.L. will not be held responsible if the service cannot be provided, whether such an impossibility is due to prolonged interruptions in the power supply or telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general in all cases of force majeure or of a fortuitous nature.

Settlement of Disputes Governing Law and Jurisdiction

These General Terms of Use and the use of the Website shall be governed by the Spanish law, which shall be applied in all cases not provided for by these terms and conditions, as regards interpretation, validity and execution.

AGROINDUSTRIAL KIMITEC, S.L. and the User, with express waiver of any other jurisdiction, submit to the Courts and Tribunals of ALMERÍA for any dispute that may arise from the existence, interpretation or application of these General Terms of Use, except in those cases where the user is considered a consumer or user in accordance with the applicable laws, for which this clause shall not apply.

In the event that any provision of these General Terms of Use is considered invalid or unenforceable in accordance with the applicable law or as a result of a court or administrative order, such invalidity or unenforceability shall not render all other provisions of these General Terms of Use invalid or unenforceable. In such cases, AGROINDUSTRIAL KIMITEC, S.L. will modify that specific provision or replace it with another that is valid and enforceable and that fits the original provision’s intent as closely as possible.