The website www.clinicagarciagraf.com
(hereinafter, the “Website”) is owned by CLÍNICA GARCÍA-GRAF SLP (hereinafter, the “COMPANY”), with 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, Entry I/A 1 (31/03/2006).

The COMPANY welcomes you and invites you to carefully read these General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions applicable to your browsing of the Website, in accordance with applicable Spanish regulations. Since the COMPANY may modify these Terms of Use in the future, we recommend that you review them periodically to stay properly informed of any changes made.

In order to ensure that the use of the Website complies with criteria of transparency, clarity, and simplicity, the COMPANY informs the User that any suggestions, questions, or inquiries regarding these General Terms of Use will be received and resolved by contacting the COMPANY via the following email: recepcion@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”). Accessing or using this Website in any manner qualifies you as a “User” and implies the unconditional 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 is the User’s responsibility to carefully read the current General Terms of Use each time they access this Website, and if they disagree with any of the terms set forth herein, they must refrain from using the Website.

Furthermore, please note that, on certain occasions, specific conditions may be established for the use of particular content and/or services on the Website. The use of such content or services will imply acceptance of the specific conditions established therein.

2./ Services

Through the Website, the COMPANY offers Users the possibility to: access information about the company, its contact details, its products and services, its rates, its commercial offers, its location – a contact section for submitting inquiries by providing 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 27 April 2016, on the protection of natural persons regarding the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and Spanish Law 3/2018. Information about your personal data, in accordance with Article 13, Section 2 of said regulation and Law 3/2018, can be consulted at this [LINK].

4./ Intellectual and Industrial Property

The User acknowledges and agrees that all content displayed on the Website – in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs that may be used commercially and/or industrially – are subject to intellectual property rights, and all trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights regarding the contents and/or any other elements included on the page, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in the course of trade.

Therefore, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the COMPANY harmless from any claims resulting from the breach of these obligations. In no case shall 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 rights of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for that purpose by the COMPANY or the third-party rights holder.

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 Website itself as a whole, as a multimedia artistic work, are protected as copyrights under intellectual property law. The COMPANY owns the elements comprising the Website’s graphic design, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content, or in any case holds the corresponding authorization to use such elements. The content made available on the Website may not be reproduced, in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the COMPANY.

Likewise, it is forbidden to remove, circumvent, and/or manipulate copyright notices as well as technical protection devices or any information mechanisms contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any actions that could harm them, with the COMPANY reserving, in all cases, the right to exercise any means or legal actions available in defense of its legitimate intellectual and industrial property rights.

5./ Obligations and Responsibilities of the Website User

The User undertakes to:

Use the Website appropriately and lawfully, as well as its contents and services, in accordance with: (i) applicable legislation at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted moral standards and good customs; and (iv) public order.

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

Provide truthful information when filling in personal data forms on the Website and to keep them updated at all times so that they reflect the User’s actual situation. The User shall be solely responsible for false or inaccurate statements made and for damages caused to the COMPANY or third parties as a result of the information provided.

Additionally, the User must refrain from:

a) Using the Website and/or its contents in an unauthorized or fraudulent manner, for unlawful purposes or effects, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or which may in any way damage, disable, overload, deteriorate, or impede the normal use of the services or the documents, files, and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access restricted areas of the Website without meeting the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, its providers, or third parties.

d) Introducing or spreading computer viruses or any other physical or logical systems likely to cause damage to the physical or logical systems of the COMPANY, its providers, or third parties.

e) Attempting to access, use, and/or manipulate the COMPANY’s data, third-party providers, and other Users.

f) Reproducing, copying, distributing, making available to the public by any form of public communication, transforming, or modifying the contents unless authorized by the owner of the corresponding rights or legally permitted.

g) Removing, hiding, or manipulating intellectual or industrial property rights notices and other identifying data of the COMPANY’s or third parties’ rights incorporated into the contents, as well as technical protection devices or any information mechanisms that may be included in the contents.

h) Obtaining or attempting to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose or expressly indicated on the web pages where the contents are found or, in general, those commonly used on the Internet as they do not entail a risk of damage or disablement of the Website and/or its contents.

i) In particular, and by way of example but not limited to, 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 infringes upon the fundamental rights and public freedoms recognized constitutionally, in International Treaties, and in other current legislation.
(ii) Induces, incites, or promotes criminal, denigrating, defamatory, violent actions or, in general, actions contrary to the law, moral standards, 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, moral standards, and generally accepted good customs or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites to engage in dangerous, risky, or harmful practices for health and mental balance.
(vii) Is protected by intellectual or industrial protection legislation belonging to the COMPANY or to third parties without the intended use being authorized.
(viii) Is contrary to honor, personal and family privacy, or the 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 you are provided with a password to access some of the services and/or contents of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the mentioned services and/or contents by outsiders. Likewise, you are obliged to notify the COMPANY of any event that may imply misuse of your password, such as theft, loss, or unauthorized access, in order to proceed to its immediate cancellation. Until such notification is made, the COMPANY shall be exempt from any liability that may arise from the misuse of your password, with you being responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or willfully fail to comply with any of the obligations set forth in these General Terms of Use, you will be liable for all damages arising from such breach for the COMPANY.

6./ Responsibilities

The COMPANY does not guarantee continuous access, correct display, downloading, or usefulness of the elements and information contained on the Website pages, which may be prevented, hindered, 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 contents or information offered, as such decisions are taken 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 decisions made by the User during their visit to the Website, except where such damages, losses, claims, or expenses are directly attributable to the COMPANY due to faults, errors, or omissions.

It will only be responsible for removing, as soon as possible, any content that may cause such damage, provided it is duly notified. In particular, it shall not be liable for damages arising, among others, from:

(i) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the functioning of the electronic system caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the COMPANY’s control.
(ii) Unlawful intrusions through the use of malicious programs of any kind and by any means of communication, such as computer viruses or others.
(iii) Improper or inappropriate use of the Website.
(iv) Security or browsing errors caused by malfunctioning of the browser or by the use of outdated versions thereof.

The COMPANY administrators reserve the right to withdraw, totally or partially, any content or information present on the Website.

The COMPANY excludes any responsibility for damages of any nature that may be due to the improper use of the free and available services by Website Users. Likewise, the COMPANY is exempt from any responsibility for content and information that may be received through data collection forms, being such forms solely for the provision of query and information services. In the event of damages caused by unlawful or improper use of such services, the User may be held liable by the COMPANY for the damages caused.

You shall defend, indemnify, and hold the COMPANY harmless from any damages arising from claims, actions, or demands of third parties as a result of your access to or use of the Website. You also agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers”, or similar tools used to collect or extract data, or from any other action on your part 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, nor any of its contents, without the express written authorization of the COMPANY.

The COMPANY’s Website includes links to other websites managed by third parties, in order to facilitate the User’s access to information about collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of such websites, nor does it act as guarantor or as a party offering the services and/or information that may be offered through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the homepage of the Website solely 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 misrepresent its relationship with the COMPANY or claim that the COMPANY has authorized such a link, nor include trademarks, denominations, trade names, logos, or other distinctive signs of the COMPANY.
(iii) May not include contents that may be considered in poor taste, obscene, offensive, controversial, incite violence or discrimination based on sex, race, or religion, contrary to public order, or unlawful.
(iv) May not link to any page of the Website other than the homepage.
(v) Must link directly to the Website’s address, without allowing the linking website to reproduce the Website as part of its site or within one of its “frames” or create a “browser” over any of the Website’s pages.

The COMPANY may request, at any time, the removal of any link to the Website, after which the linking party must immediately proceed to remove it. The COMPANY cannot control the information, content, products, or services provided by other websites that establish links to the Website.

Consequently, the COMPANY does not assume any responsibility for any aspect related to such websites.

8./ Cookies

You may consult information about cookies by accessing this LINK.

9./ Duration and Termination

The provision of the Website service and the other services is, in principle, indefinite. However, the COMPANY may terminate or suspend any of the portal’s services. Where possible, the COMPANY will announce the termination or suspension of the provision of the specific service.

10./ Declarations and Warranties

In general, the contents and services offered on the Website are for informational purposes only. In the event that the products or services reflected on the Website are made available to the user, they shall be governed by the corresponding general terms and conditions of contracting.

11./ Force Majeure

The COMPANY shall not be liable in any way in the event of inability to provide service if due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of Government, and in general all cases of force majeure or unforeseen circumstances.

12./ Dispute Resolution. Applicable Law and Jurisdiction

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of litigation, the contracting parties agree to submit to the Judges and Courts of the consumer’s domicile, provided it is located in Spanish territory. Otherwise, if it concerns a non-consumer user or a consumer located outside Spanish territory, jurisdiction shall correspond to the courts of the COMPANY’s registered office. The defaulting party shall assume the judicial and extrajudicial expenses arising from the claim, including attorneys’ and solicitors’ fees, etc.

In the event that any provision of these General Terms of Use is unenforceable or void under applicable law or as a result of a judicial or administrative resolution, such unenforceability or nullity shall not render these General Terms of Use as a whole unenforceable or void. In such cases, the COMPANY shall proceed to modify or replace said provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.