Berrywise, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website about the conditions of use.
Any person accessing this website assumes the role of user, undertaking to strictly observe and comply with the provisions set forth herein, as well as any other legal provision that may be applicable.
Berrywise reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of said obligations, with publication on the Berrywise website being understood to be sufficient.
1. IDENTIFYING DATA
Company name: Berrywise
2. PURPOSE
Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data in order to access certain contents or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and agrees that all the content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements inserted on the page, are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic transactions. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform or modify such content, indemnifying the company from any claims arising from the breach of such obligations. In no case does access to the Website imply any waiver, transmission, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other right to use, human resources, 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 this purpose by the company or the third-party owner of the affected rights.
The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any existing intellectual creation on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company owns the elements that make up the graphic design of the Website, such as menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced either in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means unless prior written authorization is obtained from the aforementioned Entity.
Likewise, it is prohibited to remove, circumvent, and/or manipulate the copyright, as well as the technical protection devices, or any information mechanisms that may contain the content. The User of this Website undertakes to respect the rights stated and to avoid any actions that could harm them, with the company reserving in any case the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. The obligations and responsibilities of the user of the Website Space are as follows:
Proper and lawful use of the Website Space: The user must use the website and its contents and services properly and in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website Space; (iii) morality and generally accepted good customs; and (iv) public order.
Provision of technical means: It is the user’s responsibility to provide themselves with all the technical means necessary to access the Website Space.
Provide truthful information: The user must provide truthful information when completing personal data forms on the website and keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for false or inaccurate statements made and for any damages caused to the company or third parties by the information provided.
However, notwithstanding the foregoing, the User must also refrain from:
Unauthorized or fraudulent use: Making unauthorized or fraudulent use of the Website Space and/or its contents for purposes or effects that are illegal, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services or the documents, files, and all kinds of content stored on any computer equipment.
Access to restricted areas: Accessing or attempting to access restricted resources or areas of the Website Space without meeting the conditions required for such access.
Causing damage to physical or logical systems: Causing damage to the physical or logical systems of the Website Space, its suppliers, or third parties.
Introducing computer viruses: Introducing or spreading computer viruses or any other systems that may cause damage to the physical or logical systems of the company, suppliers, or third parties.
Accessing, using, and/or manipulating company data: Attempting to access, use, and/or manipulate company data, third-party providers, and other Users.
Reproducing or copying content: Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the content without the authorization of the corresponding rights holder or unless legally permitted.
Deleting intellectual property notes: Deleting, hiding, or manipulating copyright notices and other identifying data regarding the rights of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content.
Obtaining and attempting to obtain content: Obtaining and attempting to obtain the content using means or procedures other than those provided or expressly indicated on the web pages where the content is found or, in general, those commonly used on the Internet that do not involve a risk of damage or disablement of the website and/or content.
In particular, and merely by way of indication and not exhaustively, the User agrees 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:
- In any way is contrary to, derogatory of, or infringes upon the fundamental rights and public freedoms constitutionally recognized, in International Treaties, and in the rest of the current legislation.
- Induces, incites, or promotes criminal, denigratory, defamatory, violent, or generally illegal actions, contrary to law, morality, generally accepted good customs, or public order.
- Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
- Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading, or generally illegal products, elements, messages, and/or services contrary to law, morality, and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.
- Is protected by intellectual or industrial property legislation belonging to the company or third parties without the use being authorized.
- Is contrary to honor, personal and family privacy, or the image of individuals.
- Constitutes any type of advertising.
- Includes any type of virus or program that prevents the normal functioning of the Website Space.
If a password is provided to access certain services and/or content of the Website Space, the user agrees to use it diligently, keeping it secret at all times. Consequently, the user will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to said services and/or content by third parties. Likewise, the user agrees to notify the company of any event that may imply the improper use of their password, such as, by way of example, theft, loss, or unauthorized access, in order to proceed to its immediate cancellation. Consequently, until the aforementioned notification is made, the company will be exempt from any liability that may arise from the improper use of the password, the user being responsible for any unlawful use of the content and/or services of the Website Space by any illegitimate third party. If, through negligence or intent, the user fails to comply with any of the obligations set forth in these General Conditions of Use, they will be liable for any damages and losses resulting from such breach for the company.
6. Responsibilities
Continuous Access and Correct Visualization: Continuous access, correct visualization, downloading, or use of the elements and information contained on the website is not guaranteed, as these may be hindered, impeded, or interrupted by factors or circumstances beyond its control. The company is not responsible for decisions that may be made as a result of accessing the offered content or information.
Service Interruption or Immediate Termination: The service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that the use of their Website Space or any of the services offered therein is contrary to these General Conditions of Use. The company is not responsible for damages, losses, claims, or expenses arising from the use of the Website Space.
Responsibility for Harmful Content: The company is solely responsible for removing, as soon as possible, content that may cause such harm, provided that it is notified accordingly. In particular, the company is not responsible for damages that may arise from:
- Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the lines and telecommunications networks, or by any other cause beyond the company’s control.
- Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
- Improper or inadequate use of the Website Space.
- Security or navigation errors caused by browser malfunction or the use of outdated versions thereof. The website administrator reserves the right to partially or completely remove any content or information present on the Website Space.
Exclusion of Liability for Misuse: The company excludes any liability for damages that may arise from the misuse of the freely available services used by Users of the Website Space. Likewise, it is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely intended for providing consulting and support services. Furthermore, in the event of causing damages through unlawful or incorrect use of such services, the User may be held liable for the damages caused.
Indemnification: The User shall indemnify the company against any damages and losses resulting from claims, actions, or demands by third parties as a consequence of their access or use of the Website Space. Additionally, the User undertakes to indemnify against any damages and losses resulting from their use of “robots,” “spiders,” “crawlers,” or similar tools used to gather or extract data, or any other action that imposes an unreasonable burden on the operation of the Website Space.
7. Hyperlinks
Reproduction Prohibition: The User agrees not to reproduce, in any way, not even through a hyperlink, the Website Space, as well as any of its contents, without the express and written authorization of the file manager.
Links to Third-Party Websites: The Website Space may include links to other websites managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or party offering services and/or information that may be offered to third parties through third-party links.
Limited Right to Create Links: The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website Space exclusively for private and non-commercial use. Websites that include a link to our Website Space (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or illegal; (iii) may not link to any page of the Website Space other than the main page; (iv) must link to the actual address of the Website Space, without allowing the linking website to reproduce the Website Space as part of its website or within one of its “frames” or create a “browser” over any of the pages of the Website Space. The company may request, at any time, the removal of any link to the Website Space, after which the User must promptly remove it.
Lack of Control Over Linked Websites: The company cannot control the information, content, products, or services provided by other websites that have established links to the Website Space.
8. **Data Protection**
To use some of the Services, the User must provide certain personal data beforehand. The company will process these data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.
9. **Cookies**
The company reserves the right to use “cookie” technology on the Website Space in order to recognize the User as a frequent visitor and personalize the use of the Website Space by preselecting their language or preferred or specific content.
Cookies collect the user’s IP address, with Google being responsible for processing this information.
Cookies are files sent to a browser, through a Web server, to record the User’s navigation on the Website Space, when the User allows their reception. If you wish, you can configure your browser to be notified on-screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for further information.
Thanks to cookies, it is possible to recognize the browser of the computer used by the User in order to facilitate content and offer the browsing or advertising preferences that the User, demographic profiles of the Users, as well as to measure visits and traffic parameters, control progress, and number of entries.
10. **Statements and Warranties**
In general, the contents and services offered on the Website Space are merely informational. Therefore, in offering them, no warranty or representation is made regarding the contents and services offered on the Website Space, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such representations and warranties cannot be excluded by law.
11. **Force Majeure**
The company will not be responsible in any case of inability to provide service if it is due to prolonged interruptions in the power 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.
12. **Dispute Resolution. Applicable Law and Jurisdiction**
These General Conditions of Use, as well as the use of the Website Space, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the social domicile of the Responsible for the website.
In the event that any provision of these General Conditions of Use is found to be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or voidness shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace such provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.