Legal notice

1.- ABOUT THE CONDITIONS OF USE OF THE PLATFORM: ITS ACCEPTANCE, MODIFICATIONS AND VALIDITY.

These general conditions regulate the use of the service(s) associated with the Web Platform https://cementeriojardinalcaladehenares.es/ (hereinafter, “the Platform”), owned by CEMENTERIO JARDÍN DE ALCALÁ DE HENARES, S.A. (from now on, “CEMENTERIO JARDÍN” or “we”), an entity with registered address at Carretera de Pastrana, Km 3, Alcalá de Henares, Madrid (Spain) and registered with the Madrid Business Registry in Volume 1037, General, Folio 163, Page M-20045, and holding Tax Identification Number (NIF) A-79603007.

1.1.- Users of the Platform

Browsing on and using the Platform attributes the condition of user to a person and implies their full and unconditional acceptance of each and every one of the provisions included in these General Conditions of Use, according to the version published by CEMENTERIO JARDÍN at the time of access to the Platform.

In any case, users of the Platform, whether registered or not, must be at least eighteen (18) years of age. Use of the Platform by individuals under this age is strictly prohibited. You are therefore solely responsible for ensuring compliance with this requirement and hereby declare that you meet the minimum age requirement to access and use the Platform. CEMENTERIO JARDÍN may, at any given time, request any supporting documentation necessary in order to verify due compliance with this condition.

In the event that users violate the terms and policies governing the Platform, CEMENTERIO JARDÍN may restrict the user’s access to it, suspend any ongoing services, or, where applicable, deactivate user accounts, without this giving rise to any right to a refund or financial compensation.

1.2.- Modification of conditions

We therefore recommend that users carefully read these conditions of use each time they access the Platform, as they may be subject to modifications for legal, technical, or corporate reasons, or due to self-regulation processes, either initiated by CEMENTERIO JARDÍN itself or through its voluntary adherence to existing codes of conduct relevant to its activity and aimed at better protecting users’ rights. Whenever possible, ENALTA will announce via the Platform any modifications to these conditions relevant to the rights and interests of the Platform users, prior to their entry into force. If you do not agree, you may unsubscribe from the service(s) in question.

1.3.- Validity

The declaration of any of the conditions of use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions of use, which shall remain binding between the parties. Similarly, the waiver by either party to demand, at any given time, compliance with any of these conditions shall not imply a general waiver of any other condition or conditions imposed, nor shall it create any vested right for the other party.

1.4.- Duration

Access to the contents of the Platform lasts, in principle, for an indefinite period of time.

CEMENTERIO JARDÍN is authorised to terminate or suspend the provision of services or the performance of actions via the Platform at any time, albeit with full respect for the regulations applicable in these cases. Whenever reasonably possible, CEMENTERIO JARDÍN will give prior notice via the Platform of the termination or suspension of the provision of the services made available via the Platform.

2.- GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM.

Via the Platform, CEMENTERIO JARDÍN provides users with information, requests, access and/or use of services or content (hereinafter, the “Service” or “Services”) developed or made available by CEMENTERIO JARDÍN under the terms and conditions provided for each case.

2.1.- Free access and use of the Platform

Access and/or browsing on the Platform is free of charge for users, which is understood to be without prejudice to the remunerated nature of the services that may be available via the Platform under the terms and conditions established by CEMENTERIO JARDÍN.

2.2.- Browsing, registration and data forms

Generally speaking, access to or initial browsing of the Platform does not require prior subscription or user registration. However, the provision of certain services or access to content offered via the Platform may be subject to the user’s prior registration and completion of the corresponding data forms. CEMENTERIO JARDÍN reserves the right to unilaterally modify the registration system or the data forms provided on the Platform at any time for legal, technical, or corporate reasons, or in accordance with any self-regulation processes to which it may be subject.

2.3.- Truthfulness, accuracy and timeliness of the information provided by the user

The data entered by users in the corresponding registration forms or in the data collection forms available via the Platform must be accurate, up to date and truthful at all times and will be processed by CEMENTERIO JARDÍN in accordance with Spanish legislation on personal data protection (in the case of personal data). The user (or their legal representative) shall be solely responsible for any false, inaccurate or out-of-date statements made and for any damages caused to CEMENTERIO JARDÍN or third parties as a result of a breach of this duty.

2.4.- Obligation to make correct and responsible use of the Platform and the Services

The user undertakes to use the Platform and the Services in a reasonable manner in accordance with current regulations, these conditions of use, the specific conditions of the services, the privacy policy and other notices, regulations of use, and instructions made known to them, generally accepted morals and good customs and public order. In the event of non-compliance with such commitments, CEMENTERIO JARDÍN reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of CEMENTERIO JARDÍN taking any legal and/or judicial action it deems necessary to protect its legitimate interests and rights (whether its own or those of third parties).

3.- PROHIBITED USES.

It is PROHIBITED for users of the Platform to:

Use any of the services or content available via the Platform for illicit purposes or effects, for purposes prohibited under these terms, or in ways that harm the rights and interests of CEMENTERIO JARDÍN or third parties. Unlawful purposes include, but are not limited to, the use of services or content for lucrative or commercial purposes, theft of trade secrets or know-how, promotional or advertising purposes, activities that encourage participation in any type of games of chance, lotteries, raffles or bingo games and the collection of third-party data. The use of the services and content on the Platform are of a purely corporate or personal nature as provided for in these Conditions and are intended exclusively for users authorised by CEMENTERIO JARDÍN for this purpose.
Damaging, disabling, overloading, impairing or impeding the normal use of the services via the Platform, as well as conducting any form of cyberattack against the Platform, systems or associated processes.
Transmitting, communicating or disclosing to third parties information, data, content, messages and, in general, any kind of content that:

(a) is in any way contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in other applicable legislation, in particular with regard to disabled persons and other particularly vulnerable groups such as minors or elderly people;

(b) in particular, is contrary to the right to honour, to personal and family privacy or to one’s own image;

(d) induces, incites or promotes actions that are unlawful, criminal, degrading, defamatory, libellous, violent or, in general, contrary to the law, widely accepted morals and decency or public order;

(e) induces, incites or promotes discriminatory actions, attitudes, or thoughts based on gender, race, religion, beliefs, age, or condition;

(f) incorporates, makes available or allows access to elements, messages and/or services that are illegal, pornographic, criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, widely accepted morals and good customs or public order;

(g) induces or is likely to induce an unacceptable state of anxiety or fear;

(h) induces or incites engagement in practices that are dangerous, hazardous or harmful to the health and physical or mental well-being of persons;

(i) is protected by any intellectual or industrial property rights belonging to third parties, without obtaining the necessary prior authorisation from the rightful owners for the intended use;

(j) violates the secrets of CEMENTERIO JARDÍN or of any other third party;

(k) is false, ambiguous, inaccurate, exaggerated or untimely, in a way that is misleading or likely to mislead as to its subject matter or as to the intentions or purposes of the communicator;

(l) in any way undermines the credit of CEMENTERIO JARDÍN or third parties; (ll) constitutes, where applicable, unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;

(m) incorporates viruses or other physical or electronic elements that may damage or impede the normal functioning of the social network, the system or computer equipment (hardware and software) of CEMENTERIO JARDÍN, or third parties, or that may damage the electronic documents, digital content and files stored in said systems or computer equipment;

(n) causes, due to its characteristics (such as format, length, etc.), difficulties in the normal operation of the services or in the access to the Platform or its contents.

In the event that users violate these prohibitions, and upon CEMENTERIO JARDÍN obtaining conclusive knowledge of the facts, the company may issue as many warnings as necessary in order to immediately cease such activities/actions; promote their immediate withdrawal or rectification; as well as refuse to transmit or simply disregard, where appropriate, possible assessments, opinions or comments made within the framework of the Platform.

If the user fails to comply with such requests from CEMENTERIO JARDÍN, whether due to a legal or judicial mandate or simply in consideration of its own or third parties’ legitimate interests, CEMENTERIO JARDÍN may block and remove the aforementioned elements, information, evaluations, and content from the Platform at any time if it becomes aware of their illegitimacy, without prior notice to users. It may also suspend, deactivate or delete the user’s account, if any exists, without this giving rise to any right or monetary compensation in favour of the user.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY.

The user undertakes to use the content and services made available to them on the Platform, which are understood to include, but are not limited to, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions made known to them, as well as with generally accepted morals and good customs and public order. In particular, it undertakes to refrain from:

(a) Reproducing, copying, distributing, disclosing or in any other way publicly communicating, transforming or modifying the services and contents, unless authorised by the owner of the corresponding rights or legally permitted;

(b) Deleting, manipulating, or in any way altering the copyright notice and other identifying information related to the rights reserved by CEMENTERIO JARDÍN or third parties.

(c) Exercising or abusing the exercise of exploitation rights associated with such content, unless expressly authorised to do so by the rightful owner and, where appropriate, in accordance with the expressly agreed-upon conditions.

All trademarks, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Platform and its contents, etc.) and any type of content or software incorporated into the Platform are the property of CEMENTERIO JARDÍN or third parties. Accessing or using the Platform and/or its content or services does not grant users any rights over these trademarks, trade names, distinctive signs, or any other elements made available through the Platform.

In short, the contents and other services are the intellectual or industrial property of CEMENTERIO JARDÍN, or third parties, and no rights over them shall be understood as transferred to the user under these conditions of use or service agreements, except for what is strictly necessary for the proper use or access to the Platform and its services and content. This use is non-sublicensable to third parties due to the nature of the service and the associated legal requirements.

5.- HYPERLINKS.

Users and, in general, those persons who intend to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:

The Hyperlink will only allow access to the homepage or start page of the Platform, but may not reproduce them in any way. This includes the prohibition to reproduce or link to specific content or services of the Platform without the express written permission of CEMENTERIO JARDÍN;
No frame will be created on the Platform’s webpages;
No false, inaccurate or incorrect statements or indications shall be made about CEMENTERIO JARDÍN, its senior management, its officials or collaborators or about the content or services provided, either directly or indirectly;
It shall not be stated or implied that CEMENTERIO JARDÍN or any other third party present on the Platform has authorised the Hyperlink or has supervised or assumed in any way the services offered or made available on the website where the Hyperlink is established. With the exception of those signs that form part of the Hyperlink itself, the webpage on which the Hyperlink is established shall not contain any trademark, name, label, denomination, logo, slogan or other distinctive signs belonging to CEMENTERIO JARDÍN or to third parties related thereto, in particular, those visible through the Platform;
The webpage on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, especially with regard to disabled or particularly vulnerable persons such as minors or the elderly, nor shall it contain content that infringes any rights of CEMENTERIO JARDÍN or third parties.

The establishment of the Hyperlink does not imply, under any circumstances, the existence of a relationship between CEMENTERIO JARDÍN and any third party included or existing on the Platform, on the one hand, and the owner of the website on which it is established, on the other hand, nor the acceptance and approval by CEMENTERIO JARDÍN or such third parties, of its contents or services.

In any case, CEMENTERIO JARDÍN may, at any time, urge the persons who have established a hyperlink between its website and the Platform to remove it, subject to any legal and/or judicial action that may correspond to it.

6.- EXCLUSION OF GUARANTEES AND LIABILITY.

CEMENTERIO JARDÍN does not guarantee the availability or continuous operation of the Platform or the services provided through it, whether its own or those of third parties. Wherever reasonably possible, it will give prior notice of any interruptions to the operation of the Platform, access to its contents, or the provision of the relevant services.

Nor does CEMENTERIO JARDÍN guarantee the usefulness of the Platform and the content and services provided through it for the performance of any specific activity or purpose intended by the user thereof.

CEMENTERIO JARDÍN does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system, although it will adopt the necessary preventive and corrective measures in this area.

CEMENTERIO JARDÍN does not absolutely guarantee the truthfulness, accuracy, completeness, timeliness, legality, reliability and usefulness of the contents and services of the Platform, particularly those provided, offered, advertised or transferred by third parties outside this entity.

CEMENTERIO JARDÍN may provide users with technical linking tools through the Platform (such as, links, banners and buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The sole purpose of installing these links, directories and search tools on the Platform is to make it easier for users to find and access information, content and services available on the Internet. The results generated by search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms. As a result, CEMENTERIO JARDÍN cannot control and does not control these results, particularly whether they include websites with content that may be unlawful, contrary to morality or good customs, or otherwise deemed inappropriate for any reason.

CEMENTERIO JARDÍN, as a mere provider of information society services, does not assume, direct or control, nor does it identify in any way with the opinions, comments or actions associated with users, nor does it engage in any editorial activity in this area. The user (and, where applicable, their respective legal representatives) shall be solely responsible for such opinions, comments or actions through the Platform.

Nor does CEMENTERIO JARDÍN assume, share or assist in any way in the actions intended or carried out by users of the Platform. Users (and, where applicable, their legal representatives) shall be solely responsible for any actions or measures they intend to take, undertake, or adopt based on the information accessed or transmitted through the Platform, primarily by other users.

CEMENTERIO JARDÍN, despite the many prohibitions, rules and recommendations that it addresses to users of the Platform, does not guarantee, nor is responsible in any way for users making use of the Platform, its services and the content available via it in a manner consistent with this legal notice or the privacy policy, nor for them doing so in a diligent and prudent manner. However, it may implement security and detection systems in this area and shall adopt all necessary corrective measures as soon as it has reliable knowledge of possible breaches in this regard, ensuring the general legitimacy of the services, content, ratings, opinions and comments that may be made through the Platform, without this representing or implying any obligation of control by CEMENTERIO JARDÍN at its own expense.

Users of the Platform (and, where applicable, their respective legal representatives) are, in general, solely responsible for the actions, assessments, opinions, comments, content and information that they publish, transmit, communicate or provide via the Platform.

In all the above cases, CEMENTERIO JARDÍN disclaims any liability for any damages or harm that may arise or could arise, to the fullest extent permitted by applicable law, whether in relation to the user, their legal representatives, or any other third party.

7.- PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES.

In the event that any user, person or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any service and content provided via the Platform, or that their rights and legitimate interests have been violated, they may send a notification to CEMENTERIO JARDÍN, by any means valid in law, containing at least the following points:

(a) Claimant’s identification and contact details: name and surname(s), postal and email address for notification purposes, national identity document, passport or equivalent legal document (including a copy or photocopy thereof) and contact phone number.

(b) Specification of the alleged unlawful activity carried out on the Platform.

(c) In the case of an alleged violation of intellectual or industrial property rights, precise indication of these, the supporting documentation in relation to these (if any), indication of the protected contents or elements, as well as their specific location on the Platform, if applicable;

(d) Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and ID card, passport or equivalent document proving the identity of the legal representative (in the case of legal representative of a minor), sufficient powers of representation (in the case of voluntary representatives of the claimant or affected person).

(e) An explicit and clear declaration, made under the claimant’s responsibility, that the information provided in the notification is accurate and that the use of the content or the activities described are unlawful.

(f) The handwritten or electronic signature of the claimant or the affected person on whose behalf they are acting, along with the date.

CEMENTERIO JARDÍN, in these cases, will examine the notification sent and its accompanying documentation and will reply to the claimant (or their legal representative or volunteer, as the case may be) as soon as possible, without prejudice to its right to block or remove content, opinions, comments or any information or element subject to the complaint or related to it, temporarily or permanently, at any time and without prior notice to the user,

8.- WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENTS.

In the event that a user fails to comply with these terms of use, the Privacy Policy, or the Cookies Policy of the Platform—both of which are also accessible from this page and fully and unconditionally accepted by the user—CEMENTERIO JARDÍN may, as specified in these documents, deactivate or delete the user’s account or prevent their use of the Platform and its associated services. Such actions shall not entitle the user to any compensation, reimbursement, or rights in this regard due to their failure to fulfil their specific obligations.

Similarly, CEMENTERIO JARDÍN reserves the right to block and remove from the Platform, at any time, without prior notice to the user, the publication of data, elements, evaluations, comments, opinions and, in general, any content that is or may be contrary to the applicable law, to the rules and to its own policies and conditions.

In any case, CEMENTERIO JARDÍN reserves the right to take any legal or judicial action that may be appropriate against such actions.

9.- APPLICABLE LEGISLATION AND JURISDICTION.

These conditions are governed, in each and every one of their aspects, by the applicable Spanish law. Any dispute in relation to this Legal Notice shall be submitted to the Courts and Tribunals of the City of Madrid, unless the applicable regulations establish the jurisdiction of other Courts and Tribunals for these purposes. If the user is considered a consumer, the applicable jurisdiction shall be that of their domicile.