These general conditions regulate use of the service(s) associated with the web platform https://Washalia.com/ (hereinafter, “the Platform”), under the ownership of Washalia S.L. (hereinafter “WASHALIA”), Spanish trading company registered in the Trade Register of Santa Cruz de Tenerife in volume 31,135 , folio 100, section 8, page number M-560341, first entry, with a registered address Carretera Machado-Llano Blanco, 65 | EL Rosario 38109 | Santa Cruz de Tenerife | España, with Tax Identification Number B86718483 and the following contact email address for the purposes of these Conditions of Use of the Platform: email@example.com. Users of the Platform
Navigation and use of the Platform ascribes you the status of user and implies full and unreserved acceptance of each and every one of the provisions contained in these General Conditions of Use, according to the version published by WASHALIA at the moment the user accesses the Platform.
Use and/or access to certain services or content on the Platform may be subject to specific conditions (hereinafter, “Special Conditions”) as well as specific conditions of contract for the services that may be offered through the Platform and that could replace, complete and/or modify these General Conditions of Use. In these cases, prior acceptance of these conditions by the user will be essential for them to access such services or content.
In any case, users of the Platform, registered or not, must be at least (18) years of age, with use by other underage users prohibited. Responsibility for compliance with this condition must therefore be assumed, declaring that you are the required age to access and use the Platform. WASHALIA may, at any time, request any supporting documentation necessary to verify compliance with this condition.
In the event of an infringement by users of the terms and policies to which the Platform is subject, WASHALIA may prevent access to the Platform by the user as well as suspend the services that were being provided or, where applicable, disable user accounts, without this affecting the right to any refund or monetary compensation for them.1.2. Modification of conditions
We therefore recommend that the user, each time they access the Platform, carefully reads these conditions of use, as they may be subject to modifications due to legal, technical or corporate reasons, self-regulation processes or WASHALIA’s voluntary adherence to existing codes of conduct of interest to its activity and protecting the rights of its users in the best possible way. Wherever possible, WASHALIA will publish through the Platform, prior to its entry into effect, any modification relevant to these conditions for the rights and interests of users of the Platform. If you should not agree, you may unsubscribe from the relevant service(s).1.3. Validity
Declaration of any of the conditions of use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. Furthermore, the waiver by either party to demand, at any given time, fulfilment of these conditions, shall not imply a general waiver of the fulfilment of any condition or conditions imposed, nor will it give rise to an acquired right for the other party.1.4. Duration
Access to the content of the Platform has, in principle, an indefinite duration.
WASHALIA is authorised to terminate or suspend the provision of the services or the development of actions through the Platform at any time, while fully respecting applicable regulations in such cases. Where reasonably possible,WASHALIA will give prior notice through the Platform of the termination or suspension of the provision of services provided through it.2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM
Through the platform, Washalia provides users with information, requests, access and/or use of the services or content (hereinafter, the “Service” or the “Services”) developed or made available by Washalia under the terms and conditions provided for each case.2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM Through the platform, WASHALIA provides users with information, requests, access and/or use of the services or content (hereinafter, the “Service” or the “Services”) developed or made available by WASHALIA under the terms and conditions provided for each case. 2.1. Language
This legal notice will be translated into various languages in development of the activity of WASHALIA and its corporate policy on quality, services and customer service. Without prejudice to the foregoing, in the event of any conflict related to the interpretation or application of the conditions that make up this Notice, the parties agree that the Spanish language version of the Legal Notice will prevail over any other version in a different language for all legal purposes.2.2. Free nature of access and use of the Platform
Access and/or navigation of the Platform by users is free of charge, without prejudice to the remunerated nature of the services that may be made available through the Platform under the terms and conditions established by WASHALIA.2.3. Navigation, registration and data forms
Generally speaking, initial access or navigation of the Platform does not imply or determine prior subscription or registration by users. However, WASHALIA may condition the provision of certain services or access to the content that is offered through the Platform, based on the prior registration of the user as well as their completion of the corresponding data forms. WASHALIA reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical or corporate reasons or in accordance with any self-regulation processes to which it may be subject.2.4. Veracity, accuracy and actuality of the information provided by the user
The data entered by users in the corresponding registration forms or in the data capture forms provided through the Platform must, at all times, be accurate, updated and truthful. These data will be processed by WASHALIA in accordance with Spanish personal data protection legislation (in the case of personal data). The user (or their legal representative) will be solely responsible for false, inaccurate or out-of-date statements that are made and for any damage caused to WASHALIA or third parties as a result of the breach of this obligation.2.5. Obligation to make proper and responsible use of the Platform and the Services
Users of the Platform are PROHIBITED from:
In case of an infringement of these prohibitions by the users in question and from the moment WASHALIA becomes aware of the facts, AUTO RESISEN may warn them as many times as is necessary so that they immediately cease such activities/actions; encourage their immediate withdrawal or rectification; as well as not to transmit or, simply, not to take into consideration, where appropriate, possible assessments, opinions or comments made within the framework of the Platform.
In the event that such requests by WASHALIA are not attended to by the corresponding user, by mere legal or judicial mandate, or simply in their legitimate interests or those of third parties, WASHALIA may block and remove from the Platform, at any time, the aforementioned elements, information, assessments and content if it becomes aware of their illegitimacy without prior notice to users. It may also suspend, deactivate or delete the account of the user, if any, without this giving rise to any right or monetary compensation in favour of the user.4. INTELLECTUAL AND INDUSTRIAL PROPERT
The user undertakes to use the content and services made available to them on the Platform, understood to include, but not be limited to, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Content”), in accordance with the law, these conditions of use, specific conditions applying to services and other notices, rules of use and instructions brought to their attention as well as generally accepted morality and decency and public order. In particular, the user undertakes to abstain from:
All the trademarks, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Platform and its content, etc.) and the content or software of any kind that is incorporated into the Platform are the property of WASHALIA or third parties, without it being understood that use or access to the Platform and/or the content or services grants the user any right over said trademarks, trading names and/or distinctive signs as well as any other elements made available through it.
In summary, the content and other services are under the intellectual and industrial property of WASHALIA or third parties, and none of the rights that apply or may apply to them, beyond what is strictly necessary for the correct use or access to the Platform and the services and content (use not sub-licensable to third parties due to the characteristics of the service and other associated legal requirements), which are provided or may be provided to the user through it, may be understood as assigned to the user, by virtue of the provisions of these conditions of use or the services.5. HYPERLINKS
Users and in general those persons intending to establish a hyperlink between their web page and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:
Establishment of the Hyperlink does not imply under any circumstances the existence of a relationship between WASHALIA and any third party included or existing on the Platform, on the one hand, and the owner of the web page on which it is established, on the other, nor acceptance or approval by WASHALIA or such third parties of its content or services.
In any case, WASHALIA may, at any time, urge people who have established a hyperlink between their website and the Platform to remove the hyperlink, subject to any legal and/or judicial action that may correspond to them.6. COMMERCIAL COMMUNICATIONS
The commercial communications and promotional offers carried out by Washalia shall be duly identified as such and governed by their own regulations and by other applicable Spanish legislation, in particular that relating to information society services and e-commerce, personal data protection, commercial and advertising matters, professional ethics and the protection of consumers and users.
To that effect, Washalia will not carry out advertising or promotional communications via email or other electronic means of communication that have not been previously requested or expressly authorised by the users of the Platform to whom they are addressed. Notwithstanding the foregoing, Washalia may use them without such authorisation by users if such communication concerns the company’s professional services that are similar to those initially contracted by the customer or user of the Platform. This is without prejudice to any previous information that may be provided and the user’s right to object to any type of advertising or promotion that they do not wish to receive.
Washalia will offer the recipient the possibility of objecting to the processing of their data for promotional purposes through simple and free-of-charge procedures, both at the time of data collection and in each of the commercial communications that, if applicable, will be sent to them.
The user to whom such commercial communications are sent may revoke at any time their consent to receive commercial communications by simply notifying Washalia of their wishes.
WASHALIA does not guarantee the availability and continuity of the functioning of the Platform and the services made available through it, whether they are its own or those of third parties. Where reasonably possible, it will give prior notice of any interruptions in the functioning of the Platform, access to its content or the provision of the relevant services.
WASHALIA does not guarantee the utility of the Platform and the content and services made available through it for carrying out any specific activity or purpose intended by the user of the Platform.
WASHALIA does not control or guarantee the absence of virus or other elements in the content, which may cause alternations to your information system (software and hardware) or to the electronic documents and files stored on your information system, although it will adopt the necessary preventive and corrective measures in this area.
WASHALIA does not guarantee in absolute terms the veracity, accuracy, completeness, timeliness, reliability and utility of the content and services of the Platform, in particular those provided, offered, published or transferred by third parties independent of the company.
WASHALIA may make available to users through the Platform technical linking devices (such as but not limited to links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). Installation of these links, directories and search tools on the Platform has the sole purposes of making it possible for users to search for and access information, content and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic functioning of technical mechanisms. WASHALIA therefore cannot and does not control these results and, in particular, cannot restrict the inclusion of Internet sites whose content may be unlawful, contrary to morality or decency or considered inappropriate for other reasons.
WASHALIA as a mere provider of information society services does not assume, direct or control the opinions, comments or actions associated with users, nor does it identify in any way with them or hold any editorial activity in this area. The users (and, where applicable, their respective legal representatives) shall be solely responsible for such opinions, comments or actions made through the Platform.
WASHALIA does neither assume, share or contribute in any way to the actions intended or carried out by users of the Platform. The users (and, where applicable, their respective legal representatives) shall be solely responsible for the actions or measures they intend, undertake or adopt based on the information accessed or communicated through the Platform, which is basic in nature, by other users of it.
The users (and, where applicable, their respective legal representatives) are solely responsible, in general terms, for the actions, assessments, opinions, comments, content and information that they publish, transmit, communicate or contribute through the Platform.
In all of the above cases, WASHALIA excludes any liability, damages or loses that occur or may occur, to the full extent permitted by the applicable legal system, either against the user, their respective 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 or content made available through the Platform, or that their rights or legitimate interests have been infringed upon, they may notify WASHALIA through any legally valid means, with information containing at least the following points:
WASHALIA, in these cases, will examine the notification and its supporting documentation as soon as possible, replying to the claimant (or their legal or voluntary representative, as the case may be), without prejudice to its right to block or remove, either temporarily or permanently, at any time, and without giving the user prior notice, content, opinions, comments or any information or element that is subject to the complaint or is related to it.8.WITHDRAWAL AND SUSPENSION OF THE SERVICES AND CONTENT
WASHALIA, in the event of an infringement by the user of these conditions of use and the Privacy and Cookies policies of the Platform (also accessible here), all documents that the user fully and unreservedly accepts, may, depending on the cases described in these documents, deactivate or delete the user’s account or prevent them from using the Platform or the services associated with it, without this giving rise to any indemnification, compensation or right whatsoever in this area, due to the user’s breach of their specific obligations.
Moreover, WASHALIA reserves the right to block and remove from the Platform, at any time, without the need to provide the user with prior notice, the publication of data, elements, assessments, comments, opinions and, in general, any content that is or may be contrary to applicable legislation, regulations and its own conditions and policies.
In any event, WASHALIA reserves the right to take any legal or judicial action that may be appropriate in the face of such actions.9.APPLICABLE LAW AND JURISDICTION
These conditions are governed, in all respects, by applicable Spanish law, and, in the event of any conflict or divergence in the interpretation and/or enforcement of them, or any of the other specific conditions made available on the Platform, both parties expressly waive their right to any other jurisdiction and submit themselves to the courts of competent jurisdiction of Santa Cruz de Tenerife.