Legal Notice
Date of last update: September 09, 2021
This document, which is presented as a Legal Notice, aims to establish the rules and conditions governing the use of the Site www.windelivery.io (hereinafter the “Website“), which is comprised of all the pages and contents owned by the Responsible Party and accessed through the same and its subdomains.
Homeria Open Solutions, S.L. is responsible for this Web Site (hereinafter, the “Responsible Party“) and makes this document available to users in order to comply with the obligations of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE).
Any person who accesses, uses, navigates and/or visualizes the contents of the Website assumes the role of user of the same (hereinafter, the “User“), regardless of whether they can register and become a registered User or not, committing themselves to the observance and strict compliance with the provisions herein as well as any other legal provision that may be applicable.
The Responsible Party reserves the right to modify any type of information that may appear on the Website, without any obligation to give prior notice or inform the User of such obligations, with publication on the website being understood to be sufficient.
1. Who is Responsible for this Website?
| Responsible Party: |
Homeria Open Solutions, S.L. |
| Registered office: | Avenida de las ciencias s/n Parque Científico y Tecnológico de Extremadura, 10004 Cáceres, España |
| NIF: | B10379881 |
| Domain name: | windelivery.io |
| E-mail: | info@windelivery.io |
| Trademark: |
WINDELIVERY |
2. Intellectual and industrial property rights
The Website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and/or graphics, are the property of the Responsible Party or, if applicable, has a license or express authorization from the creators. All the contents of the Website are duly protected by the intellectual and industrial property regulations, as well as being registered in the corresponding public registries.
Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and marketing, requires in all cases the prior written authorization of the Responsible Party. Any use not previously authorized is considered a serious breach of the intellectual or industrial property rights of the author. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this Website, for commercial purposes, in any medium and by any technical means, without the authorization of the Responsible Partyis expressly prohibited.
The designs, logos, text and / or graphics outside those of the Responsible Party and that may appear on the Website belong to their respective owners, being themselves responsible for any possible dispute that may arise in respect thereof. The Responsible Partyexpressly authorizes third parties to refer directly to the specific contents of the Website, and in all cases to refer to its main Website.
The Responsible Party recognizes in favor of its owners the corresponding intellectual and industrial property rights, and the mere mention or appearance on the Website does not imply the existence of any rights or responsibility whatsoever over them, nor any endorsement, sponsorship or recommendation on the part of the Responsible Party.
To make any observations regarding possible breaches of intellectual or industrial property rights, as well as on any of the contents of the Website, you can do so via e-mail to info@windelivery.io
3. Disclaimer of liability
In a general sense and to the extent permitted by law, the Responsible Party is not liable for: a) errors or omissions in the contents; b) the lack of availability of the Website or; c) the transmission of malicious programs in the contents, despite having taken all reasonable technological measures to prevent this. The Website has been checked and tested to ensure that it functions correctly. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, the Responsible Party does not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural disasters, strikes or similar circumstances that make it impossible to access the Website.
The Responsible Party disclaims any liability for the information published on its Website provided that this information has been altered or introduced by an external third party. The information expressed on the Website should be understood as mere guidelines and the Responsible Party does not guarantee in any way the effectiveness, accuracy or timeliness of the same, being exempt from any contractual or extra-contractual liability with the Users who access them.
In the sense of all the foregoing, the Responsible Party is not liable for any damages and/or losses that may arise as a result of access, use or misuse of the contents of the Website. Access by the User does not imply for the Responsible Party the obligation to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.
The Responsible Party is not liable for any damage caused to the software and computer equipment of the User or third parties during the use of the services offered on the Website.
Likewise, it is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Website service during or prior to the provision of the same.
The Responsible Party does not previously control, approve or own the contents, services, opinions, communications, data, files, products and any kind of information of third parties, legal or natural persons, collected on the Website. Likewise, it does not guarantee the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the content, information and services of third parties on the Website. However, and in compliance with the provisions of Articles 11 and 16 of the LSSICE, it makes itself available to all Users, authorities and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or contravene national or international law, the rights of third parties or morality and public order.
The Responsible Party shall not be liable, either directly, indirectly or subsidiary, for damages of any nature arising from the negligent or malicious use of the e-mail accounts used for any type of entry, communication, management or action on the Website. Likewise, it shall not be liable for any damage that may arise in connection with the use of this Website or links to other sites contained therein.
The exemption from liability indicated in the preceding paragraphs shall be applicable in the event that the Responsible Party does not have effective knowledge that the activity or information stored is unlawful or that it harms the property or rights of a third party susceptible to compensation, or, if it does so, it acts diligently to remove the data and contents or make it impossible to access them.
If you become aware through the use of the Website of the existence of any content contrary to the law, morals, customs or public order that could involve an infringement of third-party rights, you are required to notify us by e-mail at: info@windelivery.io
4. Links
From the Website, you may be redirected to content on third-party web sites. However, we do not exercise any control over such sites or their contents, which are in fact subject to their own terms and conditions. Neither do we assume any association with or responsibility for them, nor do we guarantee their technical availability, quality, reliability, accuracy or veracity.
Given that the Responsible Party cannot always control the contents introduced by third parties in their respective Websites, it does not assume any type of responsibility with respect to said contents. In all cases, it will proceed to the immediate removal of any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to said Website, informing the competent authorities of the content in question.
5. Terms of use of the Website
The User can access the Website free of charge, over and above the costs of their Internet connection to access the Website.
The User may not use the Website for harmful purposes, neither for the Responsible Party, nor for third parties, nor for any action that may damage or overload networks, servers, software, hardware, etc. of these parties.
When accessing the Website, it is the User’s responsibility to make proper use of the services and contents that the Responsible Party may offer and, including but not limited to, not using them to: a) commit activities contrary to the law, good faith and public order; b) disseminate content of a racist, xenophobic, pornographic, or illegal nature, in support of terrorism or that violates human rights or fundamental freedoms; c) cause damage to the systems of the Responsible Party or third parties, introduce computer viruses or any other application that causes damage to the systems; d) attempt to access using other people’s e-mail accounts or modify and manipulate their messages. In this sense, the Responsible Party may remove any information that violates the respect for the dignity of the person or that, in its opinion, is not suitable for publication; e) provide false or inaccurate data, as well as impersonate the identity of third parties; f) use the information provided by the Responsible Party for any other purpose.
The Responsible Party shall not be responsible for any information that may be published by Users through chats, comments, forums, blogs, social networks or any other participation tool. The Responsible Party may deny or withdraw access to the Website and/or the services offered without prior notice to those Users who do not comply with this document and conditions, and the Responsible Party may use all legal means at its disposal to prosecute any breach of this Legal Notice.
6. Privacy Policy
More information about the processing of personal data on this Website can be found in our Privacy Policy.
7. Cookies Policy
More information about our use of cookies on this Website can be found in our Cookies Policy.
8. General clause
The headings of each and every clause of this Legal Notice are for information purposes only, and do not define, amplify or affect the interpretation of this Legal Notice.
In the event that any provision or provisions of this Legal Notice are deemed null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such annulment or non-enforceability shall not affect the other provisions of the Legal Notice.
The non-exercise or non-performance by the Responsible Party and the other owners of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Responsible Party.
9. Modifications
The Responsible Party reserves the right to make any modifications it deems appropriate to this Website without prior notice, being able to change, delete or add both the contents and services provided through it and the way in which they are presented.
Likewise, this Legal Notice and the terms and conditions reflected in it may be modified at any time. These modifications will come into force at the moment of their publication.
10. Governing law and jurisdiction
For the resolution of all disputes or questions related to this Website or the activities developed in it, Spanish legislation shall apply, to which the parties expressly submit themselves, with the Courts and Tribunals closest to the domicile of the Responsible Party being competent for the resolution of all conflicts derived from or related to its use, provided that the applicable legislation so permits.
11. Contact
If you have any questions about the conditions reflected in this Legal Notice, or if you have any suggestions or recommendations, you can write to the person in charge at the following e-mail address: info@windelivery.io