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Legal Notice

In order to comply with Article 10 of Law 34/2002 of Services of the Information Society and Electronic Commerce, we inform users of our data:

Company Name: TEMA, S.A.

Registered Office: Carrer de Numància, 36, 08029 Barcelona, Spain.

VAT NO.: A-58153008

E-mail address: tema@grupo-tema.com

Phone:+34 933 667 535

Web Site: www.grupo.tema.com

Mercantile Registry of Barcelona: Volume 7248, Folio 22Section 2

Purpose

The purpose of this Legal Notice is to inform Users about the configuration and conditions of use of the Website (www.grupo-tema.com) of TEMA, S.A. In this way, TEMA, S.A. complies with the obligations set forth in Law 34/2002, of Information Society Services and Electronic Commerce (LSSICE).

This Legal Notice is subject to continuous review by TEMA, S.A., being modified whenever necessary in order to adapt it to current legislation at any given time or to any variation in our Website. Therefore, we recommend that you periodically review this document to keep yourself informed of any new development related to the configuration and use of the Website.

2. User acceptance

The access and use of our Web Site confers the condition of “user”. From such access and/or use, it is considered that the user accepts absolutely and unreservedly the rules and conditions of use provided in this Legal Notice. If the user decides not to accept any of the aforementioned rules or conditions, or expresses any type of reservation, he/she should refrain from accessing and/or using our Web Site.

3. Conditions of access and use of the website

3.1 Free access to the Website

Access to and use of the TEMA, S.A. is free of charge for all users.. In the event that the products and services offered through the Web Site were subject to the payment of any price, users will be previously and duly informed through the Web Site for acceptance in the economic terms that apply at all times.

3.2 Obligation to make proper use of the Website

The user undertakes to use the Web Site in accordance with the provisions of this Legal Notice, and must refrain from the following actions:

      • Carrying out activities contrary to the law in force, morality, good customs or established public order, or with illicit, prohibited or harmful purposes to the rights and interests of TEMA or third parties (in particular, intellectual, industrial or similar property rights).
      • Use the Website or any part of it on other private or commercial websites, as well as establish hyperlinks or hyperlinks to the Website or any of its contents (unless expressly authorized in writing by TEMA).
      • Falsifying the identity of the user or impersonating that of a third party, as well as providing false information in the completion of forms and other documents of a similar nature. It will be the user’s responsibility to keep all information provided to TEMA permanently updated, being also solely responsible for any false or inaccurate statements made and the damages that could cause TEMA or third parties for it.
      • Use malicious codes or computer programs that may interrupt, hinder, disable or directly damage the Website, its contents or services and the equipment, systems and networks that support them.

The contents and services offered through the Website are intended for use by persons of legal age. Access and use of the Website by minors is only permitted if the latter have the prior authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Website by the minors in their care.

TEMA, S.A. reserves the right to deny, at its sole discretion, access to the Website, its contents and services to any User, if there are indications that he/she has used or will use them in breach of the provisions of this Legal Notice. TEMA, S.A. shall retain all other additional rights it may have against the User, especially those related to the initiation of criminal or civil legal proceedings.

4. Responsibilities

The user uses the Website at his own risk. By accessing the Website, the User undertakes to use the Website in accordance with the Law and the provisions of this Legal Notice, and shall be liable to TEMA, S.A. and to third parties for any loss or damage that may be caused as a result of a breach of this obligation.

TEMA, S.A. provides its users with access to this Website, its contents and services with a reasonable level of competence and diligence. In this regard, this Website has been reviewed and tested so that it works properly 365 days a year, 24 hours a day. In addition, the Website uses cookies to carry out certain functions that are considered essential for its correct functioning and visualization. For more information about the cookies managed by TEMA, S.A. the user can access ourCookies Policy.

However, TEMA, S.A. cannot offer guarantees nor be held responsible for damages of any nature that may arise from:

  • the lack of availability or effective operation of the Website, its services and contents, due to causes beyond the control of TEMA, S.A.
  • actions necessary to carry out improvement, maintenance or similar operations of the Web Site.
  • failures or disconnections in the telecommunications networks that interrupt the service, as well as other circumstances arising from acts of God or force majeure.
  • TEMA, S.A. shall not be responsible for any advertising content or offers that the Website may contain, and the advertisers or offerors shall be solely responsible for ensuring that the material submitted for inclusion on the Website complies with the applicable legal regulations. TEMA, S.A. shall not be liable for any error, inaccuracy or irregularity that such contents may present.
  • information published on the Web Site, provided that this information has been manipulated or introduced by an outside third party.
  • security errors that may be caused in the user’s computer system (hardware and software), as a result of the presence of viruses in the user’s device used to connect to the Website.
  • use of the Web Site, its services and contents, illicit, negligent, fraudulent or contrary to this Legal Notice.
  • the non-compliance or lack of legality, quality, reliability, usefulness and availability of the products or services provided by third parties and made available to users through the Web Site.

The Website may contain links to other websites and incorporate information or services of third parties, in order to facilitate the user’s access to information of collaborating companies. TEMA, S.A. has no control over them and is not responsible for their content or operation. TEMA, S.A. only offers such links and information or services to the User for his convenience, and it is the User’s responsibility to read and accept the terms of use and privacy policies published in the linked websites or applications.

5. Protection of personal data

TEMA, S.A., as owner and responsible for this Website, informs all Users who have provided or intend to provide their personal data, that these will be processed by TEMA, S.A. in accordance with the legal regulations of reference regarding data protection, i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 3/2018 of 5 December.

To this end, the personal data of users will be treated in accordance with the principles of legality, loyalty, transparency, purpose limitation, data minimization, accuracy, integrity and confidentiality, while respecting the other obligations and guarantees established in the aforementioned legal regulations.

For more information on how we handle our users’ personal data, please see ourPrivacy Policy.

6. Industrial and Intellectual Property

The entire contents of the Website (texts, photographs, graphics, images, technology, software, links, audiovisual contents, graphic design, source code, etc.), as well as the trademarks and other distinctive signs are property of TEMA, S.A. or third parties, being these the owners of the corresponding intellectual and industrial property rights, and the user does not acquire any right over them by the mere access and use of the Website.

The use, reproduction, distribution, public communication and transformation of the contents of the Website in any way by the User is forbidden, except in the cases legally contemplated or expressly authorized by TEMA, S.A. In this sense, the exploitation of the contents expressly authorized by TEMA, S.A. to its clients or suppliers by virtue of the corresponding contract, as well as the personal and private use of the free and open access contents existing in the Website, are excepted.

Any use of the contents of the Website in breach of the above obligation shall be considered a serious breach of the intellectual or industrial property rights of TEMA, S.A. or third parties, and may be reported and prosecuted by all legal means.

In order to make any comments regarding possible infringements of the intellectual or industrial property rights of TEMA, S.A. or of their legitimate owners, you may do so by sending an e-mail to tema@grupo-tema.com.

7. Applicable Law and Jurisdiction

This Legal Notice is governed by Spanish law, and the Spanish courts and tribunals are competent to hear any questions that may arise regarding its interpretation, application and compliance. The user, by virtue of the acceptance of the provisions contained in this Legal Notice, expressly waives any other jurisdiction that by application of current law may apply.

However, if the user is a consumer, the provisions of the Legal Notice shall also be subject to the corresponding applicable local legislation, and consequently any dispute shall be submitted to the competent courts of the user’s domicile.