Legal avise

Our legal notice

The website www.clinicagarciagraf.com (hereinafter, the “Website”) is owned by CLÍNICA GARCÍA-GRAF SLP (hereinafter, the “COMPANY”), with its registered office at Avda. de la Ilustración nº 6, Edificio Astarté – 11011 Cádiz and Tax ID B72029093. Registered in Volume 1796, Folio 38, Sheet 32326, Section 8, Registration I/A 1 (03/31/2006).

The COMPANY welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”) that describe the terms and conditions that will apply to your browsing through it, in accordance with the applicable Spanish regulations. Since the COMPANY may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order for the use of the Website to adhere to criteria of transparency, clarity, and simplicity, the COMPANY informs the User that any suggestions, doubts, or queries regarding the General Terms of Use will be received and resolved by contacting the COMPANY via email: dpo@clinicagarciagraf.com

1. Purpose

The COMPANY provides the content and services available on the Website, subject to these General Terms 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 grants you the status of “User” and implies the unreserved acceptance of each and every one of these General Terms of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Terms of Use in force on each occasion they access this Website, so if they do not agree with any of the terms set forth herein, they must refrain from using this Website.

Likewise, you are advised that, on occasion, specific conditions may be established for the use of specific content and/or services on the Website, and the use of such content or services will imply acceptance of the specific conditions specified therein.

2. Services

Through the Website, the COMPANY offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing your personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

The COMPANY processes your personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and LO 3/2018. The information about your personal data, according to Article 13, Section 2 of the aforementioned regulation and LO 3/2018, can be consulted at this [LINK].

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website and, in particular, 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, and all trademarks, trade names, or distinctive signs, 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 traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, keeping the COMPANY indemnified from any claims arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transfer, 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 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 this purpose by the COMPANY or the third party owner 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 itself 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, the 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 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, bypass, and/or manipulate the “copyright” as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website agrees to respect the rights stated and to avoid any action that could harm them, with the COMPANY reserving the right to exercise any legal means or actions it deems appropriate to defend its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

Make appropriate and lawful use of the Website as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.

Provide all means and technical requirements necessary to access the Website.

Provide truthful information when filling out the personal data forms on the Website and keep them updated at all times so that they reflect, at all times, the User’s real situation. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the COMPANY or third parties by the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. a) Making unauthorized or fraudulent use of the Website and/or its contents for illegal purposes or effects, prohibited in these General Terms 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 the services or documents, files, and all kinds of content stored on any computer equipment.
  2. b) Accessing or attempting to access restricted resources or areas of the Website without complying with the conditions required for such access.
  3. c) Causing damage to the physical or logical systems of the Website, its providers, or third parties.
  4. d) Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its providers, or third parties.
  5. e) Attempting to access, use, and/or manipulate the data of the COMPANY, third-party providers, and other Users.
  6. f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the holder of the corresponding rights or legally permitted.
  7. g) Deleting, hiding, or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
    h) Obtaining and attempting to obtain the contents using means or procedures other than 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, those commonly used on the Internet because they do not pose a risk of damage or disablement of the Website and/or the contents.
  8. i) In particular, and by way of example and not limitation, 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:

(i) In any way is contrary to, disparages, or violates the fundamental rights and public freedoms recognized constitutionally, in International Treaties, and in the rest of the applicable legislation.

(ii) Induces, incites, or promotes criminal, denigratory, defamatory, violent, or, in general, actions contrary to the law, morals, generally accepted good customs, or public order.

(iii) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.

(iv) Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morals, and generally accepted good customs or public order.

(v) Induces or may induce an unacceptable state of anxiety or fear.

(vi) Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.

(vii) Is protected by intellectual or industrial property legislation belonging to the COMPANY or third parties without the intended use being authorized.

(viii) Is contrary to the honor, personal and family privacy, or the self-image of individuals.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or program that prevents the normal functioning of the Website.

If to access some of the services and/or contents of the Website, you are provided with a password, you agree to use it diligently, keeping it secret at all times. Consequently, you 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 the aforementioned services and/or contents by unauthorized persons. Likewise, you agree to notify the COMPANY of any fact that may involve improper use of your password, such as, for example, its 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 responsibility that may arise from the improper use of your password, and any illegal use of the contents and/or services of the Website by any illegitimate third party will be your responsibility.

If you negligently or fraudulently fail to comply with any of the obligations established in these General Terms of Use, you will be responsible for all damages and losses that may arise from such breach for the COMPANY.

6. Responsibilities

The COMPANY does not guarantee continuous access, nor the correct display, download, or utility of the elements and information contained on the Website pages, which may be impeded, hindered, or interrupted by factors or circumstances beyond its control.

The COMPANY is not responsible for the decisions that may be made as a result of access to the content or information offered, as such decisions are made by the user in the free exercise of their will.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered therein is contrary to these General Terms of Use.

The COMPANY is not responsible for damages, losses, claims, or expenses arising from the decisions made by the user in the free exercise of their will during their visit to the Website, unless such damages, losses, claims, or expenses are directly attributable to the COMPANY due to faults on the page, error, or omission.

It will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified. In particular, it will not be responsible for damages that may arise, among others, from:

(i) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.

(ii) Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.

(iii) Improper or inappropriate use of the Website.

(iv) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.

The COMPANY excludes any liability for damages of any kind that may be due to the misuse of the freely available services and use by Users of the Website. Likewise, the COMPANY is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, which are solely for the provision of consultation and doubt services. On the other hand, in the event of causing damages due to illegal or incorrect use of such services, the User may be claimed by the COMPANY for the damages or losses caused. You will defend, indemnify, and hold the COMPANY harmless from any damages and losses arising from claims, actions, or demands of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify the COMPANY for any damages and losses arising from your use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the COMPANY’s Website, as well as any of its contents, except with the express and written authorization of the COMPANY.

The COMPANY’s Website includes links to other websites managed by third parties, with the aim of facilitating the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of these websites, nor does it position itself as a guarantor and/or offering party 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 the COMPANY recommends that website or its services or products; (ii) may not falsify their relationship with the COMPANY or claim that the COMPANY has authorized such a link, nor include trademarks, names, trade names, logos, or other distinctive signs of the COMPANY; (iii) 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; (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 that makes 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. The COMPANY may request, at any time, the removal of any link to the Website, after which it must proceed immediately to its removal. The COMPANY cannot control the information, content, products, or services provided by other websites that have established links to the Website.

Consequently, the COMPANY assumes no responsibility for any aspect related to such websites.

8. Cookies

You can consult the information about cookies by accessing this LINK

9. Duration and Termination

The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the portal’s services. When possible, the COMPANY will announce the termination or suspension of the provision of the determined service.

10. Declarations and Guarantees

In general, the contents and services offered on the Website are merely informative. In the event that the products or services reflected on the website are made available to the user, the corresponding general contracting conditions will apply.

11. Force Majeure

The COMPANY will not be responsible in any case for the impossibility of providing the service, if this is due to prolonged interruptions in the 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 events.

12. Dispute Resolution. Applicable Law and Jurisdiction

These General Terms of Use, as well as the use of the Website, will be governed by Spanish law. In case of dispute, the contracting parties agree to submit to the Courts and Tribunals of the consumer’s domicile, provided that it is located in Spanish territory. Otherwise, if it is a non-consumer user or a consumer located outside Spanish territory, the submission will be to the courts and tribunals of the city of the COMPANY’s domicile. The party that breaches the contract will assume the judicial and extrajudicial expenses arising from the claim, including lawyers’ fees, attorneys’ fees, etc.

In the event that any provision of these General Terms 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 nullity will not render these General Terms of Use unenforceable or void as a whole. In such cases, the COMPANY will proceed to modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and

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