Legal notice and conditions of use

LEGAL NOTICE AND CONDITIONS OF USE

FIRST.- OWNER OF THE WEBSITE

This web portal belongs to BIOTASMART located in the Lanzadera Building, La Marina de, Carrer del Moll de la Duana, s/n, 46024 Valencia

SECOND.- ACCESS TO THE WEB

BIOTASMART makes available to the public (hereinafter user), who accesses this website (hereinafter WEBSITE), information about its own products and services (hereinafter CONTENTS and/or SERVICES).

THIRD.- CORRECT USE OF THE SERVICES

The user undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, the following are strictly prohibited:

• Use the Services in a manner, for purposes or with effects contrary to the law, morality and generally accepted good customs or public order;
• Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
• Carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to BIOTASMART or third parties;
• Use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales or any other type of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or disclose such information in any way;

The user shall be liable for damages of any kind that BIOTASMART may suffer as a result of failure to comply with any of the obligations set out above, as well as any other obligations included in these General Conditions and/or those imposed by law in relation to the use of the Website.

Any user under the age of majority must use the Website with the consent of his or her father, mother or legal guardian, who shall be responsible for any problems that may arise when using the Website's services.

BIOTASMART will ensure compliance with the current legal system at all times and will be entitled to interrupt, at its sole discretion, the Service or exclude the user from the Website in the event of alleged commission of any of the crimes or misdemeanors classified by the current Penal Code, or in the event of observing any conduct that, in the opinion of BIOTASMART, is contrary to these General Conditions or may disrupt the proper functioning, image, credibility and/or prestige of BIOTASMART.

FOURTH.- RULES OF CONDUCT

Users may contact BIOTASMART and interact in certain sections of the web portal, for example, by sharing sections on social networks, provided that they respect this code of conduct:

1. NO USER MAY IMPERSONATE ANOTHER PERSON OR ORGANIZATION, otherwise they may incur a misdemeanor or crime according to the Spanish Penal Code and Civil Code.
2. DISRESPECTFUL OR OFFENSIVE LANGUAGE MAY NOT BE USED. Messages containing threats, serious insults or any other type of comment that may offend sensibilities are not acceptable. In such cases, BIOTAHEALTH reserves the right to remove any content that contravenes this condition and to exercise the appropriate legal means.
3. It is STRICTLY PROHIBITED to present, cite and recommend companies or web portals, and in general to carry out marketing or spam actions. This type of content will be deleted along with the accounts that carried out such action and even brought to the attention of the Spanish Data Protection Agency.

FIFTH.- PROPERTY RIGHTS

All content on the Website, such as texts, opinion articles, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of BIOTASMART or of third parties, whose rights in this regard are legitimately held by BIOTASMART, and are therefore protected by national and international legislation.

The use of all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.

SIXTH.- EXCLUSION OF WARRANTIES AND LIABILITY

BIOTASMART reserves the right to interrupt access to the services at any time and without prior notice, whether for technical, security, control, maintenance reasons, power supply failures or any other justified cause.

Consequently, BIOTASMART does not guarantee the reliability, availability or continuity of the Website or the Services, and therefore the use of the same by users is carried out at their own risk, and BIOTASMART cannot be held liable in this regard at any time.

Furthermore, BIOTASMART does not assume any liability arising from, but not limited to:

• From the use that users make of the materials available on the website, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website itself or of third-party portals.
• Any potential damages and losses to users caused by normal or abnormal operation of the search tools, the organization or location of content and/or access to services and, in general, errors or problems that arise in the development or implementation of the technical elements that make up the service.
• The content of those pages that users can access from links included on the website.
• From acts or omissions of third parties, regardless of whether these third parties may be linked to BIOTASMART by contractual means.

Likewise, BIOTASMART excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as in documents or systems stored therein, so BIOTASMART will not be liable in any case when the following occur:

• Errors or delays in access to the services by the user when entering their data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of chance or force majeure and any other unforeseeable contingency beyond the good faith of BIOTASMART
• Failures or incidents that may occur in communications, deletions or incomplete transmissions, such that it is not guaranteed that the website services are constantly operational.
• Errors or damages caused to the website due to inefficient or bad faith use of the service by the user.
• From non-operation or problems with the email address provided by the user for sending the requested information.

In any case, BIOTASMART is committed to solving any problems that may arise and to offering all the necessary support to the user to reach a quick and satisfactory solution to the incident.

SEVENTH.- LINKS TO OTHER WEBSITES

BIOTASMART does not guarantee or assume any liability for damages suffered by accessing the Services/content of third parties through connections, links or hyperlinks of the linked sites, or for the accuracy or reliability of the same. The function of the links that appear on BIOTASMART is exclusively to inform the user about the existence of other sources of information on the Internet, where they can expand on the Services offered by the Portal. BIOTASMART shall in no case be responsible for the results obtained through said links or for the consequences arising from the access by users to them. These Third Party Services are provided by them, so BIOTASMART cannot and does not control the legality of the Services or their quality. Consequently, the user must exercise extreme caution in the assessment and use of the information and services existing in the third party content.

The introduction of hyperlinks for commercial purposes on websites other than BIOTASMART that allow access to this website without the express consent of BIOTASMART is expressly prohibited. In any case, the existence of hyperlinks on websites other than the company will not imply in any case the existence of commercial or business relations with the owner of the website where the hyperlink is established, nor the acceptance by BIOTASMART.

EIGHTH.- DATA PROCESSING AND USE OF COOKIES

In accordance with the provisions of data protection regulations, we inform you that the personal data you provide us through our website or by sending emails will be processed by BIOTASMART in its capacity as data controller, under the legitimacy granted by the consent given by the user for the purposes described in the privacy policy, which must be read, understood and accepted for the use of this website.

In any case, the user will be responsible for the veracity of the data provided and may exercise the rights of access, deletion, rectification, opposition, limitation of processing and portability, by writing to the company, either at its registered office or by email to INFO@BIOTASMART.COM, provided that they prove their identity. And if they deem it appropriate, they may contact the Spanish Data Protection Agency.

For its part, BIOTASMART is committed to fulfilling the obligation of confidentiality of personal data, and has therefore adopted the necessary measures to prevent its alteration, loss, processing or unauthorized access, taking into account at all times the state of the technology.

Furthermore, BIOTASMART informs you that by visiting this website no personal data that identifies a User is automatically recorded. However, certain non-personal information that cannot be identified with a specific User is collected during the live session through devices called "cookies" that allow us to obtain statistical information about the use of the website in order to make improvements. All users must consult our cookie policy to browse the website.

NINTH.- APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious questions that may arise, provided they are not related to the acquisition of products, Spanish legislation will apply and in the event of a dispute, both parties agree to submit, with the waiver of any other jurisdiction that may apply, to the jurisdiction of the Courts and Tribunals of the city of Valencia.

In the event of disputes or contentious issues in reference to the acquisition of products, the jurisdiction of the Courts and Tribunals of the consumer's domicile will apply.

Finally, we remind customers that if they wish to file a claim for any incident in the contractual relationship, they can file the appropriate claim by filling out the following electronic form: http://ec.europa.eu/consumers/odr/