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Carrer Major, 6

965 58 71 68

ajuntament@rafol.org

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THE RÀFOL D'ALMÚNIA TOWN COUNCIL, the body responsible for this website, makesthis document available to users, with the aim of complying with the obligations set out inLaw 34/2002 of 11 July on Information Society Services and Electronic Commerce(LSSICE), as well as to inform all users of the website of the terms and conditions of use.Any person accessing this website assumes the role of a user, undertaking to observe andstrictly comply with the provisions set out herein, as well as with any other applicable legalprovisions.THE TOWN COUNCIL OF RÀFOL D’ALMÚNIA reserves the right to amend anyinformation that may appear on the website, without any obligation to give prior notice orinform users of such changes, publication on the website being deemed sufficient.

1. IDENTIFICATION DETAILS

• Company name: The Honourable Town Council of El Ràfol d’Almúnia.• Tax Identification Number (CIF): P0311000D• Registered address: Carrer Major, 6, Postcode 03769 El Ràfol d’Almúnia (Alicante).Telephone: 965587168• Email: ajuntament@rafol.org• Details of the Data Protection Officer: Provincial Data Protection Office (OPPD) of theProvincial Council of Alicante, email: oficinapd@diputacionalicante.es. Telephone965988900

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, Usersshall guarantee the truthfulness, accuracy, authenticity and validity of such data. The City Councilshall process such data automatically as appropriate, depending on its nature or purpose, inaccordance with the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, and inparticular designs, text, images, logos, icons, buttons, software, trade names, trade marks orany other signs capable of industrial and/or commercial use, are subject to intellectualproperty rights, and that all trade marks, trade names or distinctive signs, all industrial andintellectual property rights relating to the content and/or any other elements included on thewebsite, are the exclusive property of the Council 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 ormodify such content, and to hold the Town Council harmless from any claim arising from abreach 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. TheseGeneral Terms and Conditions of Use of the Website do not confer upon Users any otherright to use, reproduce, alter, exploit, distribute or publicly communicate the Website and/orits Content other than those expressly provided for herein.Any other use or exploitation of any rights shall be subject to prior and express authorisationspecifically granted for that purpose by the City Council or the third party holding the rights inquestion.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 awhole, as a multimedia artistic work, are protected by copyright under intellectual propertylegislation. The City Council 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 contenton the Website or, in any event, holds the relevant authorisation to use such elements. The contentprovided on the Website may not be reproduced, either in whole or in part, nor transmitted, norrecorded by any information retrieval system, in any form or by any means, unless prior writtenauthorisation has been obtained from the aforementioned organisation.Furthermore, it is prohibited to remove, circumvent and/or tamper with the ‘copyright’notice, technical protection measures or any information mechanisms that the content maycontain. Users of this Website undertake to respect the rights set out herein and to refrainfrom any action that might infringe them; the City Council reserves the right, in all cases, totake whatever legal measures or actions are necessary to defend its legitimate intellectual andindustrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF WEBSITE USERS

The User undertakes to:Make appropriate and lawful use of the Website, as well as its content and services, inaccordance with: (I) the legislation applicable at any given time; (II) the General Terms andConditions of Use of the Website; (III) generally accepted standards of morality and goodconduct; and (IV) public order.To ensure they have all the necessary technical means and requirements to access theWebsite.To provide accurate information when completing the forms on the Website with theirpersonal data and to keep this information up to date at all times so that it reflects the User’sactual circumstances at any given time. The User shall be solely liable for any false orinaccurate statements made and for any damage caused to the City Council or to third partiesas a result of the information provided.
Notwithstanding the provisions of the previous paragraph, the User must also refrain from:Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes oreffects, prohibited under these General Terms and Conditions of Use, harmful to the rights andinterests of third parties, or which in any way may damage, render inoperable, overload, impair orprevent the normal use of the services or the documents, files and all types of content stored on anycomputer equipment.Accessing or attempting to access restricted resources or areas of the Website without complyingwith the conditions required for such access.Causing damage to the physical or logical systems of the Website, its suppliers or third parties.Introducing or spreading computer viruses or any other physical or logical systems capable ofcausing damage to the physical or logical systems of the Town Council, its suppliers or third parties.Attempting to access, use and/or manipulate the data of the Town Council, third-party suppliers andother Users.Reproducing or copying, distributing, making the content available to the public via any form ofpublic communication, transforming or modifying the content, unless authorised by the holder ofthe relevant rights or where this is permitted by law.To remove, conceal or tamper with any notices regarding intellectual or industrial property rightsand other information identifying the rights of the City Council or third parties incorporated into thecontent, as well as any technical protection measures or information mechanisms that may beembedded in the content.Obtaining or attempting to obtain the content by using means or procedures other than thosewhich, as the case may be, have been made available for this purpose or have been expresslyindicated on the web pages where the content is located, or, in general, other than those normallyused on the Internet, as these do not entail a risk of damage to or rendering the Website and/or thecontent inoperable.In particular, and by way of example only and not as an exhaustive list, the User undertakes not totransmit, 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, anykind of material that:• In any way contravenes, disparages or infringes upon the fundamental rights and civil libertiesrecognised by the Constitution, in international treaties and in other applicable legislation.• Induces, incites or promotes criminal, denigrating, defamatory or violent acts, or, in general, actscontrary to the law, morality, generally accepted standards of behaviour or public order.• Induce, incite or promote discriminatory behaviour, attitudes or thoughts on the grounds ofsex, race, religion, beliefs, age or status.• Incorporate, make available or allow access to products, elements, messages and/or servicesthat are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law,
morality and generally accepted standards of behaviour or public order. Induce or be likely toinduce an unacceptable state of anxiety or fear.• Induce or incite involvement in practices that are dangerous, risky or harmful to health andmental well-being.• Is protected by intellectual or industrial property legislation belonging to the company or tothird parties, without authorisation having been granted for the intended use.• Is contrary to honour, personal and family privacy, or a person’s own image.• Constitutes any form of advertising.• Contains any type of virus or programme that prevents the normal functioning of theWebsite.If you are provided with a password to access any of the services and/or content on theWebsite, you undertake to use it diligently and to keep it confidential at all times.Consequently, you shall be responsible for its proper safekeeping and confidentiality,undertaking not to disclose it to third parties, either temporarily or permanently, nor to allowunauthorised persons to access the aforementioned services and/or content.Similarly, you are obliged to notify the company of any incident that may constitute misuse of yourpassword, such as, but not limited to, theft, loss or unauthorised access, so that it may be cancelledimmediately. Consequently, until such notification has been made, the Council shall be exempt fromany liability that may arise from the unauthorised use of your password, and you shall be liable forany unlawful use of the Website’s content and/or services by any unauthorised third party. Shouldyou, through negligence or wilful misconduct, fail to comply with any of the obligations set out inthese General Terms and Conditions of Use, you shall be liable for all damages that may arise fromsuch breach to the City Council.6. LIABILITYContinuous access to, or the correct display, downloading or functionality of, the elements andinformation contained on the website is not guaranteed, as these may be impeded, hindered orinterrupted by factors or circumstances beyond its control. It accepts no liability for any decisionsthat 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 withimmediate effect, if it is found that the use of this Website, or of any of the services offeredon it, contravenes these General Terms and Conditions of Use. We accept no liability for anydamages, losses, claims or expenses arising from the use of the Website.We shall only be responsible for removing, as soon as possible, any content that may giverise to such harm, provided that we are notified accordingly. In particular, we shall not beliable for any harm that may arise from, amongst other things:Interference, interruptions, failures, omissions, telephone faults, delays, blockages ordisconnections in the operation of the electronic system, caused by deficiencies, overloads
and errors in telecommunications lines and networks, or by any other cause beyond thecontrol of the Town Council.Unlawful intrusions through the use of malicious software of any kind and via any means ofcommunication, such as computer viruses or any other similar programmes.Improper or inappropriate use of the Website.Security or navigation errors caused by a malfunction of the web browser or by the use ofoutdated versions thereof. The Website administrator reserves the right to remove, in wholeor in part, any content or information present on the Website.The City Council accepts no liability for damages of any kind that may arise from the misuse of thefreely available services by Website Users. Furthermore, it is exempt from any liability for thecontent and information that may be received as a result of data collection forms, which areintended solely for the provision of enquiry and support services. Furthermore, should any damageor loss be caused by the unlawful or improper use of these services, the User may be held liable forthe damage or loss caused.You shall hold the City Council harmless from any damage or loss arising from claims, actions orlawsuits brought by third parties as a result of your access to or use of the Website. Furthermore,you undertake to indemnify the Council against any damages arising from your use of ‘robots’,‘spiders’, ‘crawlers’ or similar tools used for the purpose of collecting or extracting data, or from anyother action on your part that imposes 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, including via ahyperlink, unless expressly authorised in writing by the data controller.The User is granted a limited, revocable and non-exclusive right to create links to the Website’shome page solely for private and 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, normust they include any trade marks, names, trade names, logos or other distinctive signs of ourcompany; (ii) must not include content that may be considered distasteful, obscene, offensive,controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary topublic order or unlawful; (iii) must not link to any page of the Website other than the home page;(iv) they must link to the Website’s own address, without allowing the linking website to reproducethe Website as part of its own site or within one of its ‘frames’, or to create a ‘browser’ over any ofthe pages of the Website. The City Council may, at any time, request that you remove any link to theWebsite, whereupon you must immediately proceed to remove it.The City Council has no control over the information, content, products or services provided byother websites that link to this Website.

8. DATA PROTECTION

In order to use some of the Services, the User must first provide certain personal data. The CityCouncil will process this data automatically and apply the relevant security measures, all incompliance with current legislation. The User may access the policy governing the processing of
personal data, as well as the previously established purposes, under the conditions set out in thePrivacy Policy

.9. COOKIES

The City Council reserves the right to use ‘cookie’ technology on the Website in order to recogniseyou as a frequent user and to personalise your use of the Website by pre-selecting your language ordisplaying content that is most relevant or specific to your interests.Cookies are files sent to a browser via a web server to record the User’s browsing activity on theWebsite, provided the User consents to their receipt. If you wish, you can configure your browser todisplay a warning on screen when cookies are received and to prevent cookies from being stored onyour hard drive. Please consult your browser’s instructions and manuals for further information.Thanks to cookies, it is possible to recognise the browser of the computer used by the User in orderto provide content and offer browsing or advertising preferences tailored to the User’s demographicprofile, as well as to measure visits and traffic parameters, and to monitor progress and the numberof 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 given in relation to thecontent and services offered on the Website, including, but not limited to, warranties of legality,reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that suchrepresentations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The City Council shall not be liable in any way in the event of an 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 of the Government, and,in general, all cases of force majeure or unforeseeable circumstances.

12. SETTLEMENT OF DISPUTES. GOVERNING LAW AND JURISDICTION

These General Terms and Conditions of Use, as well as the use of the Website, shall be governed bySpanish law. For the settlement of any dispute, the parties shall submit to the courts and tribunals ofthe registered office of the Website Operator.In the event that any provision of these General Terms and Conditions of Use should proveunenforceable or void under applicable law or as a result of a judicial or administrative ruling, suchunenforceability or invalidity shall not render these General Terms and Conditions of Useunenforceable or void in their entirety. In such cases, the Town Council shall amend or replace thatprovision with another that is valid and enforceable and which, as far as possible, achieves theobjective and intention set out in the original provision.

Subsidized byGeneralitat ValencianaAjuntament del Ràfol d'Almúnia

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