General Terms of Use of the Website

The following terms and conditions govern access to and use of this website, GRUPOOM.es (hereinafter, the site and the website), which is operated by and through which information society services are provided by the entity GRUPO ON MARKET S.L. (hereinafter, GRUPOOM), with Tax ID No. B12895835, having its registered office in Burriana, Castellón, Spain, Avenida Jaime Chicharro, 81, and an address for notifications at Avenida Jaime Chicharro, 81, registered in the Commercial Registry of Castellón, Volume: 1606, Book: 1168, Page: 150, Section: 8, Sheet: 34797, Entry: 1.

Within the expression “site” or “website” are included—by way of definition but not limitation—data, texts, graphics, images, animations, musical works, videos, sounds, drawings, photographs, industrial designs and furniture designs, and other elements contained therein, and, in general, all creations expressed by any means or medium, whether tangible or intangible.

Access to the site implies that the user acquires a series of rights and obligations, with the aim of ensuring the proper use and enjoyment of the general and specific services and content available on it and provided by GRUPOOM to the user.

The user acknowledges that access to and use of the services and content of the site are carried out under their sole and exclusive responsibility

A user status is acquired by accessing the website. The user shall use the services and content exclusively for personal purposes and/or by virtue of their legal relationship with GRUPOOM, excluding any subsequent use for profit or for obtaining any direct or indirect benefit.

GRUPOOM informs the user of these general terms of use, which are supplemented by the specific terms of service that govern the provision of services and/or any other specific conditions that, where applicable, regulate access to and use of certain services or products. These terms are expressly and fully accepted by the user simply by accessing the website and/or viewing the content or using the services available on the website. If these general terms are replaced, in whole or in part, by other terms, such new general terms, or where applicable the terms of service and/or specific conditions, shall be understood as accepted in the same manner as described above. Nevertheless, the website user should periodically review these general terms, the terms of service, and any other conditions that may be established, in order to be aware of successive versions included herein, although it is recommended that the user consult them each time they intend to access or use the services and content of the website.

In the event that the user does not accept these general terms, the specific terms of service, and/or any other conditions that may be established, the user must refrain from accessing the website and/or using its services and must leave the site.

The user must implement appropriate technical security measures to prevent unwanted actions on their information system, files, and computer equipment used to access the Internet, and especially the website, being aware that the Internet is not completely secure.

A) Purpose of the Website

Through access to the site, the user may enjoy the use of various content and services offered by GRUPOOM or by other third-party providers and/or collaborators, under the terms and conditions determined in each case.

In general, the services and content offered through the website will be available in Spanish, without prejudice to the possibility—at GRUPOOM’s discretion—of offering them in other official regional languages, as well as in any other language spoken within the European Union.

GRUPOOM may unilaterally modify, without prior notice, the provision, configuration, content, and services of the site, as well as its terms of use, access to the content offered, the services provided, and the specific conditions. In each case, when appropriate, GRUPOOM will notify users of such changes in the corresponding general terms, in the specific terms of service, and/or in any other conditions that may be established, as well as through communications to the user and other texts on the website.

The cost of telephone access or any other expenses incurred to connect to the website shall be borne exclusively by the user.

B) Rights and Obligations of the User

The user may:

Access, free of charge and without prior authorization, the content and services of the site that are available as such, without prejudice to technical requirements, specific conditions, or the need for prior registration for certain services and content as determined in these general terms, in the specific terms of service, and/or in any other conditions that may be established.

Use the available services and content exclusively for personal purposes.

Make proper and lawful use of the site, in accordance with applicable law, morality, good customs, and public order.

Under no circumstances may the user:

Access or use the services and content of the site to commit unlawful acts or acts contrary to applicable law, morality, good customs, and public order, with the intent to harm the rights and freedoms of third parties, or in any way that may damage, impair, or prevent access to them, to the detriment of GRUPOOM or third parties.

Use the services, in whole or in part, to promote, sell, contract, or disseminate advertising or information belonging to themselves or third parties without prior written authorization from GRUPOOM.

– Submit information to the website or use the existing services with the purpose of directly or indirectly infringing the rights—especially fundamental rights and public freedoms—of other users of the website or of GRUPOOM; of inciting or promoting criminal, xenophobic, terrorist, or degrading acts based on age, sex, religion, or beliefs; or of a pornographic, obscene, violent nature, or that violates the law, morality, or good customs. For these purposes, “information” shall be understood, by way of definition but not limitation, to include texts, graphics, images, videos, sounds, drawings, photographs, data, notes, and other materials.

– Include hyperlinks on their personal or commercial websites to this website without the express authorization of GRUPOOM.

– Use the services and content offered through the site in a manner contrary to the general terms of use, the specific terms of service, and/or any other conditions that may be established, to the detriment or impairment of the rights of other users.

– Perform any action that prevents or hinders users from accessing the site, as well as hyperlinks to the services and content offered by GRUPOOM or by third parties through the website.

– Use any type of computer virus, code, software, program, computer, or telecommunications equipment that may cause unauthorized damage or alterations to the content, programs, or systems accessible through the services and content provided on the website, or to the information systems, files, and computer equipment of users; or gain unauthorized access to any content and/or services of the website.

– Remove or modify in any way the protection or identification devices of GRUPOOM or its rightful owners that may be included in the content hosted on the website, or the symbols that GRUPOOM or third-party rights holders incorporate into their creations subject to intellectual or industrial property rights existing on this website.

– Include on websites under their responsibility or ownership “metatags” corresponding to trademarks, trade names, or distinctive signs owned by GRUPOOM.

– Reproduce, in whole or in part, this website on another website; they may not create frames around this site or the websites accessible through it that hide or modify—by way of definition but not limitation—content, advertising spaces, and trademarks of GRUPOOM or third parties, whether or not such actions constitute acts of unfair competition or confusion.

– Create frames within a website under their responsibility or ownership that reproduce the homepage and/or pages accessible through it, corresponding to this website, without prior authorization from GRUPOOM.

– Include on a website under their responsibility or ownership a hyperlink that opens a window or session in the browser software used by a user of their website, in which trademarks, trade names, or distinctive signs of their ownership are displayed, and through which the homepage or pages accessible from this website are shown.

– Use the trademark, trade names, or any other identifying sign subject to intellectual or industrial property rights without the prior express written authorization of the owner.

– Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation, or any other similar action that entails modification or alteration of all or part of the content and services of the site, or their economic exploitation, without the prior written authorization of GRUPOOM or the third-party owner of the intellectual and industrial property rights over the services or content of the website, and subject to the provisions of these general terms, the specific terms of service, and/or any other conditions that may be established.

C) Rights and Obligations of GRUPOOM

GRUPOOM reserves the following rights:

– Unilaterally modify the technical or non-technical conditions of access to and use of the site without prior notice to users.

– Establish specific conditions and, where applicable, require a fee or other requirements for access to certain services and/or content.

– Limit, exclude, or condition user access when there are not full guarantees that the site will be used correctly by them, in accordance with the obligations and prohibitions they have assumed.

– Terminate the provision of a service or the supply of content, without the right to compensation, when its use by users becomes unlawful or contrary to the conditions governing it, without prejudice to the provisions in the specific terms that regulate the use of a particular service and/or content intended for the website users.

– Modify, remove, or update all or part of the content or services offered through the site without prior notice, without prejudice to the provisions in the specific terms that govern the use of a particular service and/or content intended for the website users

– Take any legal or judicial action deemed appropriate to protect the rights of GRUPOOM as well as those of third parties providing their services or content through the site, whenever applicable.

Claim compensation that may arise from the improper or unlawful use of all or part of the services and content provided through the site.

D) COOKIES AND DATA STORAGE AND RETRIEVAL DEVICES ON TERMINAL EQUIPMENT

GRUPOOM may use cookies when a user navigates the sites and pages of the website. Such cookies will be used by GRUPOOM under the terms and for the purposes described in its Cookie Policy.

E) Disclaimer and Limitation of Liability of GRUPOOM

GRUPOOM shall be exempt from any liability for damages of any kind, including, without limitation, in the following cases:

– Due to the impossibility or difficulties in connecting to the communications network through which this website is accessible, regardless of the type of connection used by the user.

– Due to the interruption, suspension, or cancellation of access to the website, as well as the availability and continuity of the operation of the site or its services and/or content, when such interruption is caused (i) by service maintenance of the website, or (ii) by a cause beyond the control of GRUPOOM, whether arising directly or indirectly from it.

– GRUPOOM assumes no responsibility for the services and content, nor for the availability and conditions, technical or otherwise, of access to them, when offered by third-party service providers, particularly providers of information society services. Information society service providers are understood to be natural or legal persons who provide the following services to the public: (i) transmission over a communications network of data provided by the recipient of the service; (ii) access services to said network; (iii) data storage or hosting services; (iv) provision of content or information; (v) temporary copying of data requested by users; (vi) facilitation of links to content or search tools.

– GRUPOOM, at no time, assumes liability for any damages that may be caused by the information, content, products, and services—by way of definition but not limitation—provided, communicated, hosted, transmitted, displayed, or offered by third parties unrelated to GRUPOOM, including information society service providers, through a website that can be accessed via a link on this site.

– For the processing and subsequent use of personal data carried out by third parties unrelated to GRUPOOM, as well as the accuracy or relevance of the information requested by them.

– For the quality and speed of access to the site and for the technical conditions that the user must meet in order to access the site and its services and/or content.

– GRUPOOM shall not be liable for delays or failures in accessing and/or operating the services and/or content of the website due to a case of Force Majeure. “Force Majeure” shall mean all causes that could not have been foreseen, or that, even if foreseen, were unavoidable, resulting in the non-fulfillment of any of its obligations. These include, but are not limited to, strikes—whether by its own employees or by third-party workers—insurrections or uprisings, as well as regulations issued by any civil or military authority, natural disasters such as earthquakes, floods, lightning, or fires, wars, lockouts, or any other situation of force majeure.

– The user of the site shall be personally liable for any damages of any kind caused to GRUPOOM, directly or indirectly, due to the breach of any obligations arising from these general terms or other rules governing the use of the site.

F) Intellectual and Industrial Property

The user acknowledges that the content and services offered through the site—including texts, graphics, images, animations, musical works, videos, sounds, drawings, photographs, industrial and furniture designs, all comments, presentations, and computer code of the site, without this enumeration being limiting—are protected by intellectual and industrial property laws. The copyright and economic exploitation rights of this site belong to GRUPOOM and/or third-party entities.

The trademarks, trade names, or distinctive signs appearing on the website are the property of GRUPOOM and/or, where applicable, third-party entities, and are protected by current industrial property laws.

The provision of services and the publication of content through the site shall in no case imply the transfer, waiver, or assignment, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by GRUPOOM and/or its legitimate third-party rights holders.

Under no circumstances may the user make use of the services and content on the site for purposes other than strictly personal, except for the exceptions specified in these general terms of use of this site or in the specific terms that GRUPOOM may establish to regulate the use of a particular service and/or content offered through the website.

No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, or transformed, in whole or in part, by any manual, electronic, or mechanical means (including photocopying, recording, or any system of information retrieval and storage) through any medium currently known or invented in the future, without the consent of GRUPOOM. The use, in any form, of all or part of the site’s content is subject to obtaining prior authorization from GRUPOOM and/or legitimate third-party rights holders and acceptance of the corresponding license, where applicable, except for the rights recognized and granted to the user in these general terms or as specified in the specific terms that GRUPOOM may establish to regulate the use of a particular service and/or content offered through the website.

If any act or omission, whether culpable or negligent, directly or indirectly attributable to the user of the website, results in an infringement of the intellectual or industrial property rights of GRUPOOM or third parties—whether or not the user benefits from it—and causes GRUPOOM to incur damages, losses, joint obligations, expenses of any kind, sanctions, coercive measures, fines, or other amounts arising from any claim, demand, action, lawsuit, or proceeding, whether civil, criminal, or administrative, GRUPOOM shall have the right to pursue the user by all legal means available and claim any compensatory amounts, including—by way of example but not limitation—moral and reputational damages, consequential and lost profits, advertising or other related costs, amounts of fines or court judgments, interest on arrears, financing costs of all amounts for which GRUPOOM may be harmed, legal costs, and defense expenses in any proceedings in which GRUPOOM may be sued for the above causes, for the damages resulting from the user’s acts or omissions, without prejudice to exercising any other actions to which it is legally entitled.

G) Hyperlinks

The use of hyperlinks to this website is only authorized by GRUPOOM if the hyperlink is made under the following terms set forth in these conditions:

– The link must only allow access to the homepage of this website.

– To avoid confusing website users, it is prohibited to load any page belonging to this website within a section of another webpage divided into frames, in a way that distorts the presentation of this website and misleads Internet users (“framing”).

– Authorization to insert a link does not, under any circumstances, imply consent to reproduce the visual and functional aspects (“look and feel”) of this website.

– The creation of an environment or navigation bar over the pages that make up this site is also explicitly prohibited without prior authorization.

– Appearance of the link: the hyperlink may consist only of text. For the use of graphics, logos, trade names, or trademarks, a prior license must be obtained for the use of GRUPOOM’s graphics, logos, trade names, and trademarks and/or those of their legitimate owners. In any case, the text must clearly indicate that it links to this website. Generally, the appearance, visual effect, placement, and overall characteristics of the hyperlink must make it evident that it leads to a GRUPOOM website and that this site is independent and not connected by any relationship—whether collaborative, associative, sponsorship, employment, or of any other kind—to the website containing the hyperlink.

– Any website containing a hyperlink to a GRUPOOM website must strictly comply with these General Terms of Use, the Privacy Conditions, and any other applicable provisions, and the hyperlink must be fair and lawful, in accordance with all applicable legal requirements and generally accepted standards of morality and good practice.

– In particular, authorization to insert hyperlinks to this website is conditioned on respect for human dignity and freedom. The website on which the hyperlink is placed must not contain information or content that is unlawful, contrary to morality, good customs, or public order, nor content that infringes the rights of any third parties.

To create links to this site under conditions other than those described in the previous section, prior written authorization from GRUPOOM is required.

H) Personal Data Protection

GRUPOOM guarantees the confidentiality of personal data provided by users and its processing in accordance with current personal data protection legislation: Organic Law 15/1999 of December 13, on the Protection of Personal Data (hereinafter LOPD) and Royal Decree 1720/2007 of December 21, which approves the Regulations implementing the LOPD (hereinafter RDLOPD). Personal data collected through the website will be incorporated into one or more processing systems or files under the responsibility of GRUPOOM. For this purpose, users will be provided, prior to submitting personal data through this website, with information about the content of the processing in accordance with Article 5 of the LOPD, without prejudice to the user’s ability to access the Privacy and Personal Data Protection Policy. This information will allow the user to give their informed, specific, and unequivocal consent so that GRUPOOM may process their personal data.

i) Duración

El acceso, los contenidos y servicios ofrecidos a través del sitio tienen, en principio, una duración indefinida. GRUPOOM, no obstante, está autorizada para dar por terminado o suspender el acceso, los servicios y/o contenidos del mismo en cualquier momento, sin perjuicio de lo que se hubiere dispuesto al respecto en estas Condiciones Generales, las Condiciones Particulares de Contratación y/o aquellas otras que en su caso se establezcan.

J) Entire Agreement

These general terms and conditions contain all the terms agreed upon by the parties in relation to their subject matter, and any prior statements, commitments, or promises, whether verbal, written, or implied, relating to the same subject matter shall be deemed non-existent.

The fact that GRUPOOM does not require, at any given time, compliance with any of the conditions set forth in these general terms and conditions, in the specific contractual terms, and/or in any other conditions that may be established, shall not be interpreted by the user as a waiver of the right to require compliance at a later date.

K) Nullity and Voidability

In the event that any clause of these general terms and conditions, the specific contractual terms, and/or any other conditions that may be established, is found to be voidable or null, in whole or in part, such nullity or voidability shall not affect the validity of the other clauses, which shall remain fully effective and valid, unless the party asserting the nullity or voidability proves that without the clause deemed null or voidable, the objectives pursued by these Terms and Conditions cannot be achieved.

L) Governing Law

These general terms and conditions are governed by Spanish law.

M) Jurisdiction

The parties expressly waive any jurisdiction that may correspond to them and expressly submit to the Courts of Castellón to resolve any dispute that may arise in the interpretation or enforcement of these contractual terms and conditions.