1. Portal Ownership

AEROBIC AND FITNESS, S.L.U (hereinafter the Entity) is the owner of this web portal (hereinafter the Portal). Its registered office is located at c/ Narcís Montuirol s/n, Polígono Industrial Salelles II, 08253 Sant Salvador de Guardiola (Spain) and registered in the Commercial Registry of Barcelona, Volume 22.852, Folio 43.631, Date 28-4-94, and CIF: B59202432.

Normative Basis
Art. 97.1 c) LGDCU
“Resolution of online litigation pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.

Electronic contact with the Entity can be made through the following email address: [email protected]

The name(s) of the domain(s) through which you have accessed the Portal is/are owned by the Entity.

Said domain name(s) may not be used in connection with other content, products or services that are not owned by the Entity and its Group, nor in any way that may cause confusion between the End Users, nor to discredit the Entity.

  1. Objective

This Legal Notice lays out the conditions that regulate the access, navigation and use of the Portal and possible registration to its private area.

Merely accessing the portal, filling out an order form, or formulating an enquiry or complaint, or, in general, engaging in any act of a similar nature to the aforementioned via either the online forms and/or electronic inboxes that exist in the Portal, implies on behalf of the User the unreserved acceptance of each and every one of the regulations that make up this Legal Notice and the understanding that they shall be considered a Portal User.  Consequently, the User should ensure they have carefully read and understood the contents of this Legal Notice.

  1. Cookies

To ensure that the website is being well managed, and in order to facilitate better navigation within it, both AEROBIC AND FITNESS, S.L.U and the provider(s) of the web services may use “cookies” (short text files stored on the User’s web browser) of a strictly technical nature, with the sole and legitimate purpose of improving the User’s navigation on the Portal.

In the event that you are not satisfied with the data processing described and do not wish to give your consent, even for the strictly technical purpose of improving your browsing experience, you must reject all “cookies” by selecting the corresponding settings in your browser.

  1. Website Contents

The User undertakes to use the contents of this website in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, they commit to abstain from:

  • Using the contents for any purpose or effect that is contrary to the law, morality, common decency, public order or to the specific instructions received from the Entity.
  • The User also undertakes to refrain from using the contents of the Portal for purposes that are detrimental to the legitimate rights of third parties.
  1. Responsibilities and Limitations

The Entity cannot guarantee the continuity of the information provided through the Portal, nor the absolute impregnability of its contents. Consequently, the Entity cannot guarantee nor be held responsible for the continuity of the services due to outside causes or causes beyond the control of AEROBIC AND FITNESS, S.L.U.

Nevertheless, the Entity declares that it has adopted all the necessary measures, within its means and the state of technology, to guarantee the proper functioning of the Portal and to prevent the existence and transmission of viruses or other components that could cause harm to Users.

The Entity makes the maximum effort possible to avoid errors in all contents published on the Portal.

 

  1. Intellectual and Industrial Property Rights

The Entity is either the owner or has obtained the corresponding license to exploitation rights regarding the intellectual, industrial and image property for the contents available through the Portal. Said contents include, but are not limited to, texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, trademarks, logos, expressions and information and, in general, any other creation protected by the national regulations and international treaties on intellectual and industrial property (hereinafter, collectively, the Contents).

All intellectual and industrial property rights are reserved with regards to said Contents and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included on the Portal, provided this is done for purposes contrary to the commercial interests of AEROBIC AND FITNESS, S.L.U.

Access and navigation by the User through the Portal shall in no case be understood as a renunciation, transmission, license or total or partial cession of the rights indicated above on behalf of the Entity.

Consequently, it is not permitted to delete, circumvent or manipulate the copyright notice (“copyright”) and any other identifying data regarding the rights of AEROBIC AND FITNESS, S.L.U.

Use of or reference to names, brands, registered trademarks, logos or other distinctive signs, whether owned by the Entity or by third parties, is implicitly prohibited without prior consent from the Entity or its legitimate owner.

  1. Links

Links from the Portal to other web pages:

The Entity may offer links, directly or indirectly, to resources or web pages that are outside the Portal. The presence of these links in the Portal is for informational purposes only and does not constitute in any way an invitation to contract products and/or services that are offered or could be offered on the destination web pages, nor does it imply the existence of any commercial or dependent relationship or ties with the linked entity.

The Entity does not have the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other web pages to which links can be established from the Portal. Therefore, AEROBIC AND FITNESS, S.L.U cannot assume any responsibility for any aspect relating to the linked web pages, and in particular, cannot assume any responsibility for (including but not limited to) the operation, access, information, files, quality or reliability of their products and services, their own links and/or any of their contents in general.

However, in the event that AEROBIC AND FITNESS, S.L.U becomes aware that the activity or information to which it is linked is unlawful, constitutes a crime or could damage the property or rights of a third party, it will act with the necessary due diligence to delete or disable the corresponding link as soon as possible.

Likewise, if the Users have any knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify the Entity so that the link can be disabled as soon as possible.

Links from other web pages to the Portal:

If any User, entity or web page wishes to establish any type of link to the AEROBIC AND FITNESS, S.L.U Portal, it must abide by the following stipulations:

  • The link may only be directed for informational purposes or for the purpose of promoting the commercial interests of AEROBIC AND FITNESS, S.L.U in a positive sense. It is strictly forbidden to establish links that are in any way defamatory, denigrative, or detrimentally comparative with regards to the Entity’s products and services.
  • The link must be absolute and complete, that is to say, it must take the User to the main page of the Portal through a click, and it must fully cover the entire width of the screen of the Portal’s main page. The web page from which the link is made may in no case reproduce the Portal in any form, nor include it as part of its website or within one of its frames, nor create a browser on any of the pages of the Portal, unless it has been previously authorised by the Entity in writing.
  • In any case, the Entity prohibits the establishment of a link to the Portal from web pages containing materials, information or contents that are illicit, illegal, degrading, obscene, or that in any way contravene morals, public order, current legislation, or the generally accepted social standard, or that are harmful to the legitimate rights of third parties.

 

 

  1. Duration and Amendment

The Entity reserves the right to amend this Legal Notice and/or the specific conditions that, if applicable, have been established for the use and/or contracting of the products or services provided through the Portal, whenever it deems appropriate or for the purpose of conforming to legislative and technological changes. Said amendments are valid and take effect from the moment of their publication in the Portal.

The temporary validity of these conditions of use therefore coincides with the period of time they are exhibited, until they are totally or partially modified, at which time the modified terms of use will become valid.

The Entity may, at any time and without prior notice, terminate, suspend or interrupt access to the contents of the page, without the User being able to demand any compensation. All prohibitions of use of the contents that have been previously set forth in this Legal Notice will remain valid after said termination.

  1. Basic Concepts

In the event of a discrepancy between what is established in this Legal Notice and the specific conditions that, where appropriate, may be established with respect to the products or services offered on the Portal, that which is stipulated in the specific conditions shall prevail.

In the event that any provision or provisions of this Legal Notice are considered null and void or inapplicable, in whole or in part, by any Judge, Court or competent administrative body, said nullity or inapplicability will not affect the other provisions of the Legal Notice nor the specific conditions that, where appropriate, may have been established.

The Entity’s failure to exercise or execute any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless previously acknowledged and agreed in writing.

  1. Phishing

Phishing is a technique that consists of disseminating websites that have a similar aesthetic appearance to the original website, with the intention of getting Users to enter their authentic pass codes into the fake site, and thus be able to take advantage of them for fraudulent use. Always type the AEROBIC AND FITNESS, S.L.U website directly into the search engine; never access the AEROBIC AND FITNESS, S.L.U website through a link received by email from an unknown sender, nor provide your passwords by phone, SMS or email. AEROBIC AND FITNESS, S.L.U will never request your private area password by any such means. If you think you may have been a victim of identity theft, change your password immediately and notify AEROBIC AND FITNESS, S.L.U as soon as possible.

  1. Applicable Law and Competent Courts

Regarding the relationship established between the Entity and the User, and in particular regarding the knowledge and resolution of any litigation, discrepancies or differences that may arise between the parties, these shall be resolved in accordance with Spanish law and the courts of the city of Barcelona will be competent in their case.