The website www.rootsandleaves.es (hereinafter, the “Website”) is owned by Roots & Leaves, S.L. (hereinafter, the “COMPANY”), Tax ID (CIF) B04921201. We welcome you and invite you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions that apply 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 visit them periodically to stay duly informed of any changes made.
In order for the use of the Website to meet criteria of transparency, clarity and simplicity, Roots & Leaves S.L. informs the User that any suggestion, question or inquiry regarding the General Terms of Use will be received and addressed by contacting the company at info@rootsandleaves.es
1 – Purpose
Roots & Leaves S.L. provides the content and services available on the Website, subject to these General Terms of Use as well as to the personal data processing policy (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form grants the status of “User” and implies unconditional acceptance of each and every one of these General Terms of Use. The company reserves the right to modify them at any time. Consequently, it is the responsibility of every User to carefully read the General Terms of Use in force each time they access this Website. If the User does not agree with any of the terms set out herein, they must refrain from using this Website.
Please also be advised that, from time to time, 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 set out for them.
2 – Services
Through the Website, Roots & Leaves S.L. 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 for submitting inquiries by providing personal data; and links to social media networks (hereinafter, the “Services”).
3 – Privacy and Data Processing
When access to certain content or services requires the provision of personal data, Users shall guarantee that such data is truthful, accurate, authentic and up to date. The company will process such data in an automated manner as appropriate depending on its nature or purpose, under the terms described in the Data Protection Policy section.
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 capable of industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names or distinctive signs, and all industrial and intellectual property rights over the content and/or any other elements inserted on the page are the exclusive property of Roots & Leaves S.L. and/or third parties, who hold the exclusive right to use them in commerce. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, and shall hold the company harmless from any claim arising from breach of these obligations. Under no circumstances does access to the Website imply any waiver, transfer, license or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms of Use do not grant Users any right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Content other than as expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by Roots & Leaves S.L. or the third-party rights holder concerned.
The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this site, as well as the site as a whole as a multimedia artistic work, are protected by copyright under intellectual property law. Roots & Leaves S.L. owns the elements that make up the graphic design of the Website, including the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content on the Website or, in any case, has the corresponding authorization to use such elements. The content 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 from the aforementioned entity has been obtained.
It is also prohibited to remove, circumvent and/or manipulate the “copyright” notices, technical protection devices, or any rights management information that the content may contain. The User of this Website undertakes to respect the rights stated herein and to avoid any action that could harm them. The company reserves the right to exercise all legal means or actions available to it in defense of its legitimate intellectual and industrial property rights.
5 – User Obligations and Responsibilities
The User undertakes to:
Make appropriate and lawful use of the Website, as well as of the content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order. Provide all the technical means and requirements necessary to access the Website.
Provide truthful information when completing the forms on the Website with personal data, and keep such data up to date at all times so that it reflects the User’s actual situation at any given time. The User shall be solely responsible for any false or inaccurate statements they make and for any damage caused to the company or to third parties as a result of the information they provide.
Notwithstanding the foregoing, the User shall also refrain from:
a) Making unauthorized or fraudulent use of the Website and/or its content for unlawful purposes or with unlawful effects, which are prohibited under these General Terms of Use, which infringe the rights and interests of third parties, or which may in any way damage, disable, overload, deteriorate or prevent the normal use of the services or of the documents, files and all kinds of content stored on any computer equipment.
b) Accessing or attempting to access restricted resources or 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 capable of damaging the physical or logical systems of the company, its providers or third parties.
e) Attempting to access, use and/or manipulate the data of the company, third-party providers or other Users.
f) Reproducing or copying, distributing, allowing public access by any means of public communication, transforming or modifying the content, unless authorization has been obtained from the holder of the relevant rights or such action is legally permitted.
g) Removing, hiding or manipulating notices of intellectual or industrial property rights and other identifying information of the rights of the company or third parties included in the content, as well as technical protection devices or any rights management information that may be embedded in the content.
h) Obtaining or attempting to obtain content using means or procedures other than those made available for that purpose or expressly indicated on the web pages where the content is located, or, in general, those commonly used on the Internet that do not pose a risk of damage or disablement of the Website and/or its content.
i) In particular, and by way of example rather than exhaustively, the User undertakes not to transmit, disseminate or make available to third parties any 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 contravenes, disparages or infringes the fundamental rights and public freedoms recognized in the Constitution, in International Treaties and in the rest of the applicable legislation.
(ii) Induces, incites or promotes criminal, derogatory, defamatory or violent conduct, or conduct that is in general contrary to the law, morals, generally accepted good customs or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of 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, 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 practices harmful to health and psychological balance.
(vii) Is protected by intellectual or industrial property legislation belonging to Roots & Leaves S.L. or to third parties, without authorization for the intended use.
(viii) Is contrary to the honor, personal and family privacy or own image of individuals.
(ix) Constitutes any type of advertising.
(x) Includes any type of virus or program that prevents the normal operation of the Website.
If a password is provided to access certain services and/or content of the Website, the User undertakes to use it diligently and keep it secret at all times. Consequently, the User is responsible for its proper safekeeping and confidentiality, and undertakes not to transfer it to third parties, either temporarily or permanently, nor to allow persons outside the User’s circle to access such services and/or content. The User also undertakes to notify the company of any event that may constitute improper use of their password, such as, by way of example, theft, loss or unauthorized access, so that it can be cancelled immediately. Accordingly, until such notification is made, Roots & Leaves S.L. shall be exempt from any liability arising from the improper use of the password, and the User shall be responsible for any unlawful use of the content and/or services of the Website by any unauthorized third party.
If the User negligently or intentionally breaches any of the obligations set out in these General Terms of Use, the User shall be liable for all damages and losses arising from such breach for Roots & Leaves S.L.
6 – Liability
Roots & Leaves S.L. does not guarantee continuous access, nor the correct display, download or usefulness of the elements and information contained in the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
Roots & Leaves S.L. is not responsible for decisions that may be made as a result of accessing the content or information offered.
Roots & Leaves S.L. may interrupt the service or immediately terminate its relationship with the User if it detects that the use of its Website or of any of the services offered on it is contrary to these General Terms of Use. The company is not liable for damages, losses, claims or expenses arising from the use of the Website. Its only obligation is to remove, as soon as possible, any content that may cause such damage, provided it is notified accordingly. In particular, it shall not be liable for any damage that may arise, among other things, from:
(i) interference, 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 company’s control.
(ii) unlawful intrusions through the use of malicious software of any kind and by any means of communication, such as computer viruses or others.
(iii) undue or improper use of the Website.
(iv) security or browsing errors caused by a malfunction of the browser or the use of outdated versions of it. The COMPANY’s administrators reserve the right to withdraw, in whole or in part, any content or information on the Website.
Roots & Leaves S.L. excludes any liability for damages of any kind that may result from the misuse by Users of the freely available services of the Website. Likewise, the company is exempt from any liability for the content and information that may be received through the data collection forms, which are intended solely for providing inquiry and question services. Furthermore, should the User cause damage as a result of unlawful or improper use of such services, the company may claim compensation from the User for the damage caused.
You shall defend, indemnify and hold the company harmless from any damages arising from claims, actions or lawsuits by third parties as a result of your access to or use of the Website. You also undertake to indemnify Roots & Leaves S.L. against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools designed to collect or extract data, or from any other action on your part that places an unreasonable burden on the operation of the Website.
7 – Hyperlinks
The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Website of Roots & Leaves S.L. or any of its content, except with the express written authorization of the company.
The Website of Roots & Leaves S.L. includes links to other websites operated by third parties, in order to facilitate the User’s access to information from partner and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or as a provider 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 home page of the Website, exclusively for private and non-commercial use. Websites that link to our Website (i) may not imply that the company recommends that website or its services or products; (ii) may not misrepresent their relationship with the company or state that the company has authorized such link, nor include the company’s trademarks, names, trade names, logos or other distinctive signs; (iii) may not include content that could be considered in poor taste, obscene, offensive or controversial, that incites violence or discrimination on grounds of sex, race or religion, or that is contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; and (v) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its “frames”, or to open a “browser” over any page of the Website. Roots & Leaves S.L. may request, at any time, the removal of any link to the Website, after which the link must be removed immediately. The company cannot control the information, content, products or services provided by other websites that link to the Website.
Accordingly, Roots & Leaves S.L. assumes no liability whatsoever for any aspect relating to such websites.
8 – Data Protection
To use some of the Services, Users must first provide certain personal data. To this end, Roots & Leaves S.L. will process Personal Data in an automated manner in compliance with personal data protection regulations. For this purpose, the User may consult the policy followed in the processing of personal data, including the previously established purposes, and the conditions defined in the Data Protection Policy presented on this Website.
9 – Cookies
Roots & Leaves S.L. reserves the right to use “cookie” technology on the Website in order to recognize you as a returning User and to personalize your use of the Website, for example by preselecting your language or the content you are most interested in. The “cookies” used by the Website, or by the third party acting on its behalf, are associated only with an anonymous user and their computer, and do not themselves provide the user’s personal data.
Cookies are files sent to a browser by a web server to record the User’s browsing on the Website, when the User allows their reception. The User may also delete cookies by consulting the instructions for use of their browser.
Thanks to cookies, the company is able to recognize the browser of the computer used by the User in order to provide content and display their browsing and advertising preferences, as well as to recognize their demographic profiles in order to measure visits and traffic parameters, and to monitor the progress and number of entries.
10 – Duration and Termination
The provision of the services of this Website and of the other services is, in principle, of indefinite duration. However, the company may terminate or suspend any of the services of the portal. Where possible, the company will announce the termination or suspension of a particular service.
11 – Representations and Warranties
In general, the content and services offered on the Website are for informational purposes only. Accordingly, in offering them, Roots & Leaves S.L. gives no warranty or representation whatsoever regarding the content and services offered on the Website, including, without limitation, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
12 – Force Majeure
Roots & Leaves S.L. shall not be liable in any event for failure to provide the service where this is due to prolonged interruptions of the electricity supply or telecommunications lines, labor disputes, strikes, rebellion, explosions, floods, acts and omissions of the government, and, in general, all cases of force majeure or fortuitous events.
13 – 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, which shall apply to matters of interpretation, validity and enforcement not provided for in these terms.
Roots & Leaves S.L. and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of Almería for any dispute arising from the existence, interpretation or application of these General Terms; except where the User has the status of consumer or user under applicable laws, in which case this clause shall not apply.
If any provision of these General Terms of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render the General Terms of Use as a whole unenforceable or void. In such cases, Roots & Leaves S.L. will modify or replace that provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent of the original provision.