The website www.digesur.com (hereinafter, the “Website”) is owned by DIGESUR SLP, (hereinafter, “DIGESUR”), with registered office at Avenida de la Puerta del Sur s / nº, 11408 Jerez de la Frontera, Cádiz (Spain) and CIF number B 11879335. Registered in the Mercantile Registry of Cádiz, in Volume 1977, Book 0, Folio 1, Page CA-40414 Registration 1st.
In order to ensure that the use of the Website conforms to criteria of transparency, clarity, and simplicity, DIGESUR informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and resolved by contacting DIGESUR, through the phone 671 338 879, or at the email address: firstname.lastname@example.org.
DIGESUR provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form gives it the qualification of “User” and implies the unreserved acceptance of every one of these General Conditions of Use, DIGESUR reserve the right to modify them at any time. Consequently, it will be the responsibility of every User, the careful reading of the General Conditions of Use in force in each of the occasions in which he accesses this Website, so if he does not agree with any of them here provided, You must refrain from the use of this Website.
Likewise, it is warned that, on occasion, particular conditions may be established for the use on the Website of specific contents and/or services, the use of said contents or services will imply acceptance of the particular conditions specified therein.
Through the Website, DIGESUR, offers Users the possibility to access all the information we offer from our facilities, our specialized services in everything related to the digestive system, location, as well as a contact section to resolve any question or doubt and the possibility of making an APPOINTMENT (hereinafter the “Services”).
- Privacy and Data Processing
When it is necessary to provide personal data for access to certain content or services, Users will guarantee its truthfulness, accuracy, authenticity, and validity. DIGESUR will give said data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Data Protection Policy section.
- 4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents that are displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other susceptible signs to industrial use and/or Commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and / or any other elements inserted in the page, which are the exclusive property of DIGESUR, and / or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content while keeping DIGESUR harmless, of any claim arising from the breach of such obligations. In no case the access to the Website will imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by DIGESUR, or the third party holder of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as rights of author by the legislation in the matter of intellectual property. DIGESUR is the owner of the elements that integrate the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, it has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced either in whole or in part, or transmitted, or registered by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the mentioned Entity.
Likewise, it is prohibited to delete, avoid and / or manipulate the «copyright» as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case DIGESUR, the exercise of whatever means or legal actions correspond to him in defense of his legitimate rights of intellectual and industrial property.
- Obligations and Responsibilities of the Website User
The User agrees to:
a) Make proper and lawful use of the Website as well as the contents and services, under: (i) the applicable legislation at any time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
b) Provide all the means and technical requirements that are required to access the Website.
c) Provide truthful information by filling out the forms contained in the Website with your data and keeping them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to DIGESUR, or third parties for the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
a) Make an unauthorized or fraudulent use of the Website and / or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored in any computer equipment.
b) Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of DIGESUR, its suppliers or third parties.
e) Attempt to access, use and / or manipulate the data of DIGESUR, third party providers and other Users.
f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of DIGESUR, or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the content.
h) Obtain and try to obtain the contents using means or procedures different from those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, of those that are usually used on the Internet for not entailing a risk of damage or disablement of the website and/or the contents.
i) In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way it is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in the International Treaties and the rest of the current legislation.
(ii) Induce, incite or promote criminal, denigrative, defamatory, violent or, in general, contrary to law, morals generally accepted good customs or public order actions.
(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(iv) 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 and generally accepted good practices or public order.
(v) Induce or may induce an unacceptable state of anxiety or fear.
(vi) Induce or incite to engage in dangerous, risky or harmful practices for health and psychic balance.
(vii) It is protected by the legislation on intellectual or industrial protection belonging to DIGESUR, or third parties without the authorized use being authorized.
(viii) Be contrary to honor, personal and family privacy or the image of people.
(ix) Constitute any type of advertising.
(x) Include any type of virus or program that prevents the normal functioning of the Website to access some of the services and/or contents of the Website, a password is provided, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by outsiders. Likewise, it is obliged to notify DIGESUR of any event that may entail an improper use of your password, such as, for example, its theft, loss or unauthorized access, to proceed with its immediate cancellation. Consequently, as long as you do not make the previous notification, DIGESUR will be exempt from any responsibility that could be derived from the improper use of your password, being your responsibility any illegal use of the contents and/or services of the Website by any illegitimate third party. If he negligently or intentionally fails to comply with any of the obligations established in these General Conditions of Use, he will be liable for all damages that may be derived from the said breach for DIGESUR.
DIGESUR does not guarantee continued access, or the correct display, download or usefulness of the elements and information contained in the page www.digesur.com that may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.
DIGESUR is not responsible for the decisions that could be taken as a result of access to the content or information offered.
DIGESUR, may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. DIGESUR is not responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages that may arise, among others, from:
(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, motivated by deficiencies, overloads, and errors in telecommunications lines and networks, or for any other cause beyond the control of DIGESUR
(ii) illegitimate interference through the use of malicious programs of any kind and any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of outdated versions thereof.
DIGESUR, excludes any responsibility for damages of any nature that may be due to the missuses of the services freely available and used by the Users of the Website. Likewise, DIGESUR is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages for illicit or incorrect use of said services, the User may be claimed by DIGESUR, of the damages caused.
You will defend, indemnify and maintain DIGESUR, undamaged against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, you are obliged to indemnify DIGESUR, against any damages and losses, that derive from the use by you of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
The User undertakes not to reproduce in any way, even though a hyperlink, the Website www.digesur.com, as well as any of its contents, unless expressly authorized in writing by DIGESUR. The DIGESUR Website includes links to other websites managed by third parties, to facilitate the User’s access to the information of partner companies and/or sponsors. Accordingly, DIGESUR is not responsible for the content of said websites, nor is it in the position of the guarantor or/or offering part of the services and/or information that may be offered to third parties through third party links.
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that DIGESUR recommends that website or its services or products; (ii) they may not falsify their relationship with DIGESUR, nor affirm that DIGESUR has authorized such a link, nor include trademarks, denominations, trade names, logos or other distinctive signs of DIGESUR; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website making the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. DIGESUR may request, at any time, to remove any link to the Website, after which it must proceed immediately to its removal. DIGESUR cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, DIGESUR does not assume any responsibility for any aspect related to such websites.
- Data protection
To use some of the Services, Users must previously provide certain personal data. To do this, DIGESUR will automatically process Personal Data in compliance with Law 15/1999 of December 13 on the Protection of Personal Data and the RD 1720/2007. For this, the User can access the policy followed in the processing of personal data as well as the establishment of the previously established purposes, as provided in the conditions defined in the Data Protection Policy presented by the Website.
DIGESUR reserves the right to use the “cookie” technology on the Website, to recognize it as a frequent User and to personalize the use it makes of the Website by preselecting its language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his computer and do not provide the user’s data.
Cookies are files sent to a browser through a Web server to record the User’s navigation on the Website when the User allows their reception. In turn, you can delete the “cookies” for which you should consult the instructions for use of your browser.
Thanks to cookies, it is possible for DIGESUR to recognize the browser of the computer used by the User to facilitate content and offer browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, monitor progress and several entries.
- Duration and termination
The provision of the service of this Website and the other services have an indefinite duration in principle. However, DIGESUR may terminate or suspend any of the portal services. When possible, DIGESUR will announce the termination or suspension of the service provided.
- Declarations and Guarantees
In general, the contents and services offered on the Website are for informational purposes only. Therefore, by offering them, DIGESUR does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, by way of example, guarantees of legality, reliability, utility, truthfulness, accuracy, or merchantability, except in the extent to which such statements and guarantees cannot be excluded by law.
- Force majeure
DIGESUR, will not be responsible at all in case of inability to provide service if this is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
- Dispute resolution. Applicable Law and Jurisdiction
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. Any dispute will be resolved before the courts of Jerez de la Frontera.
If any stipulation of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative resolution, such ineligibility or nullity will not make these General Conditions of Use unenforceable or void as a whole. In such cases, DIGESUR will proceed to the modification or replacement of said stipulation with another one that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.