LAW ON INFORMATION SOCIETY SERVICES (LSSI)

ÓPTICA MAYTE, S.L., the website operator, hereinafter referred to as the ‘OPERATOR’, makes this document available to users, with the aim of complying with the obligations set out in Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website of the terms and conditions of use.

Any person accessing this website assumes the role of a user and undertakes to observe and strictly comply with the provisions set out herein, as well as with any other applicable legal provisions. 

ÓPTICA MAYTE, S.L. reserves the right to amend any information that may appear on the website, without any obligation to give prior notice or inform users of such changes, it being understood that publication on the website of ÓPTICA MAYTE, S.L.

1. IDENTIFICATION DETAILS

Company name: ÓPTICA MAYTE, S.L.
Trade name: MAYTE OPTICIANS
Tax Identification Number (CIF): B73951576
Address: 2 Calle Pintor Manuel Avellaneda, 30530 Cieza (Murcia)
Email: contacto@opticamayte.es

2. PURPOSE

Through the Website, we offer Users the opportunity to access information about our services.

3. PRIVACY AND DATA PROCESSING

Where it is necessary to provide personal data in order to access certain content or services, Users shall guarantee that such data is true, accurate, authentic and up to date. The company shall process such data automatically as appropriate, depending on its nature or purpose, in accordance with the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and agrees that all content displayed on the Website – and in particular, designs, text, images, logos, icons, buttons, software, trade names, trade marks or any other signs capable of industrial and/or commercial use – is subject to intellectual property rights, and that all trade marks, trade names or distinctive signs, as well as all industrial and intellectual property rights relating to the content and/or any other elements included on the website, are the exclusive property of the company and/or third parties, who hold the exclusive right to use them in the course of trade. Consequently, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, and to hold the company harmless from any claim arising from a breach of these obligations. Under no circumstances does access to the Website imply any kind of waiver, transfer, licence or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms and Conditions of Use of the Website do not confer upon Users any other right to use, manage, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the company or the third party holding the rights in question.

The content, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation contained within this Website, as well as the Website itself as a whole, in its capacity as a multimedia artistic work, are protected by copyright under intellectual property legislation. The company is the owner of the elements comprising the website’s graphic design, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content on the website, or, in any event, holds the relevant authorisation to use such elements. The content provided on the Website may not be reproduced, either in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned Organisation.

It is also prohibited to remove, circumvent and/or tamper with the «copyright» notice, technical protection measures or any information mechanisms that the content may contain. Users of this website undertake to respect the rights set out herein and to refrain from any action that might infringe them; the company reserves the right, in all cases, to take whatever legal measures or actions are necessary to defend its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF USERS OF THE WEBSITE

The User undertakes to:

1. To make proper and lawful use of the Website, as well as its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms and Conditions of Use of the Website; (iii) generally accepted standards of morality and good conduct; and (iv) public order.
2. Ensure that you have all the necessary technical resources and meet all the technical requirements for accessing the website.
3. To provide accurate information when filling in the forms on the Website with their personal data, and to keep this information up to date at all times so that it reflects the User’s actual circumstances at any given time. The User shall be solely liable for any false or inaccurate statements they make and for any damage caused to the company or to third parties as a result of the information they provide.

Notwithstanding the provisions of the preceding paragraph, the User must also refrain from:

1. To make unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited under these General Terms and Conditions of Use, which infringe the rights and interests of third parties, or which in any way may damage, render inoperable, overload, impair or prevent the normal use of the services or the documents, files and all types of content stored on any computer equipment.
2. Accessing or attempting to access restricted resources or areas of the Website without complying with the conditions required for such access.
3. To cause damage to the physical or logical systems of the Website, its suppliers or third parties.
4. To introduce or disseminate computer viruses or any other physical or logical systems onto the network that are capable of causing 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, third-party suppliers and other Users.
6. Reproducing or copying, distributing, making the content available to the public via any form of public communication, or adapting or modifying the content, unless authorised by the holder of the relevant rights or where this is permitted by law.
7. To remove, conceal or alter any notices regarding intellectual or industrial property rights and any other information identifying the rights of the company or third parties incorporated into the content, as well as any technical protection measures or information mechanisms that may be embedded in the content.
8. Obtaining or attempting to obtain the content by using means or procedures other than those which, as the case may be, have been made available to you for this purpose or have been expressly indicated on the web pages where the content is located, or, in general, from those normally used on the internet, as they do not entail a risk of damage to or disruption of the website and/or the content.
9. In particular, and by way of example only (this list is not exhaustive), the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way contravenes, disparages or infringes upon the fundamental rights and public freedoms recognised by the Constitution, in international treaties and in other applicable legislation.• Induces, incites or promotes criminal, denigrating, defamatory or violent acts, or, in general, acts contrary to the law, morality, generally accepted standards of behaviour or public order.• Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or status.• Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality, generally accepted standards of decency or public order. Induce or be likely to induce an unacceptable state of anxiety or fear.• Induce or incite involvement in practices that are dangerous, risky or harmful to health and mental well-being.• Is protected by legislation on intellectual or industrial property belonging to the company or to third parties, without authorisation having been granted for the intended use.• Is contrary to a person’s honour, personal and family privacy or personal image.• Constitute any form of advertising.• Contain any type of virus or programme that prevents the Website from functioning normally.

If, in order to access certain services and/or content on the Website, you are provided with a password, you undertake to use it with due care and to keep it confidential at all times. Consequently, you shall be responsible for its proper safekeeping and confidentiality, and undertake not to disclose it to third parties, either temporarily or permanently, nor to allow unauthorised persons to access the aforementioned services and/or content. You also undertake to notify the company of any event that may constitute misuse of your password, such as, but not limited to, its theft, loss or unauthorised access, so that it may be immediately cancelled. Consequently, until such time as you have provided the aforementioned notification, the company shall be exempt from any liability that may arise from the misuse of your password, and you shall be liable for any unlawful use of the Website’s content and/or services by any unauthorised third party. If, through negligence or wilful misconduct, you fail to comply with any of the obligations set out in these General Terms and Conditions of Use, you shall be liable for all damages that may arise for the company as a result of such breach.

6. RESPONSIBILITIES

There is no guarantee of continuous access, nor of the correct display, downloading or functionality of the elements and information contained on the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. It accepts no liability for any decisions that may be taken as a result of accessing the content or information provided.

The service may be suspended, or the relationship with the User may be terminated with immediate effect, if it is found that the use of their Web Space, or of any of the services offered therein, contravenes these General Terms and Conditions of Use. We accept no liability for any damages, losses, claims or expenses arising from the use of the Website.

We shall only be liable for removing, as soon as possible, any content that may give rise to such damage, provided that we are notified thereof. In particular, we shall not be liable for any damage that may arise from, amongst other things:

1. Interference, interruptions, faults, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the company’s control. 
2. Unlawful intrusions through the use of malicious software of any kind and via any means of communication, such as computer viruses or any other form.
3. Improper or inappropriate use of the Website.
4. Security or browsing errors caused by a browser malfunction or by the use of out-of-date versions of the browser. The website administrator reserves the right to remove, in whole or in part, any content or information present on the website.

The company accepts no liability for damages of any kind that may arise from the misuse of the freely available services by Espacio Web users. It is also exempt from any liability for the content and information that may be received as a result of data collection forms, which are intended solely for the provision of enquiry and support services. Furthermore, in the event that damage or loss is caused by the unlawful or incorrect use of such services, the User may be held liable for the damage or loss caused.

You shall hold the company harmless from any damages arising from claims, actions or lawsuits brought by third parties as a result of your access to or use of the Website. Furthermore, you undertake to indemnify the Company against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or any other action on your part that places an unreasonable burden on the operation of the Website.

7. HYPERLINKS

The User undertakes not to reproduce the Website or any of its content in any way, not even by means of a hyperlink, unless expressly authorised in writing by the data controller.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from partner and/or sponsoring companies. Accordingly, the company accepts no responsibility for the content of such websites, nor does it act as a guarantor or provider of the services and/or information that may be offered to third parties via third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the homepage of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) must not misrepresent their relationship with us or claim that such a link has been authorised, nor must they include any trade marks, names, trade names, logos or other distinctive signs belonging to our company; (ii) must not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination on the grounds of sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Website other than the home page; (iv) they must link to the Webspace’s own address, without allowing the website providing the link to reproduce the Webspace as part of its own website or within one of its “frames”, or to create a “browser” over any of the pages of the Webspace. The company may, at any time, request the removal of any link to the Website, whereupon you must immediately proceed to remove it.

The company has no control over the information, content, products or services provided by other websites that contain links to this website.

8. DATA PROTECTION

In order to use some of the Services, the User must first provide certain personal data. The company will process this data automatically and apply the relevant security measures, all in compliance with the GDPR, the LOPDGDD and the LSSI. Users may access the policy governing the processing of personal data, as well as the purposes for which it is processed, under the conditions set out in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Website in order to recognise you as a frequent user and to personalise your use of the Website by pre-selecting your language or displaying content that is most relevant or specific to your interests.

Cookies collect your IP address the user’s, with Google being responsible for processing this information.

Cookies are files sent to a browser via a web server to record the user’s browsing activity on the website, provided the user consents to receiving them. If you wish, you can configure your browser to display a message on screen when cookies are received and to prevent cookies from being stored on your hard drive. Please refer to your browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognise the browser on the computer used by the User, with the aim of providing content and offering browsing or advertising preferences tailored to the User, taking into account the demographic profiles of Users, as well as measuring visits and traffic parameters, and monitoring progress and the number of visits.

10. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are for information purposes only. Consequently, in offering them, no warranty or representation of any kind is made in relation to the content and services provided on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in any way in the event of its inability to provide the service, should this be due to prolonged interruptions to the electricity supply, telecommunications lines, industrial disputes, strikes, rebellion, explosions, floods, acts and omissions on the part of the Government, and, in general, all cases of force majeure or unforeseeable circumstances.

12. DISPUTE RESOLUTION. GOVERNING LAW AND JURISDICTION

These General Terms and Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of any dispute, the parties shall submit to the courts and tribunals of the registered office of the website operator.

In the event that any provision of these General Terms and Conditions of Use is found to be unenforceable or void under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these General Terms and Conditions of Use unenforceable or invalid as a whole. In such cases, the company shall amend or replace that provision with another that is valid and enforceable and which, as far as possible, achieves the objective and intention set out in the original provision.