Terms and Conditions and their Acceptance
The terms and conditions regulate the access to and use of the services on the www.baskme.com website (from now on, “Website”) that the company BASKME, registered at c/Arrasate 31, 4izda, 20005 Donostia- San Sebastián – Spain, CIF nº 72476948S (from now on, “BASKME”), makes available to registered Users and Professionals as well other persons interested in the services and content provided by BASKME.
The aim of the Website is to provide information about BASKME, its activities and services.In any case the Website is accessible to persons, either physical or juridical, without any need to be registered (from now on, “Users”). This means that Users that access these parts of the Website agree to accept the terms and conditions outlined in these General Conditions, insofar as they may be applied.
BASKME can alter at any moment and without warning, the design, presentation and/or layout of the Website, as well as any or all of its services, as well as add new services.
Use of the Website implies the full acceptance of the Terms and Conditions in the General Conditions of Use of the version published on the Website the moment the User gains access to it as well as the acceptance of the regulations outlined in the Ley 34/2002, dated 11 th July, of the services related to the information society and electronic commerce that may be applicable. Moreover, BASKME makes Users aware of the fact that that General Conditions for the Use of this Website can be modified without warning. In consequence the User must read the Terms and Conditions every time they use the Website as they can be modified.
The use of certain services offered by Users via the Website may be affected by their own particular conditions which, according to each case replace, complement and/or modify the current General Conditions of Use. Therefore, before using the aforementioned services, the User also has to read and accept any of the particular conditions.
The descriptions of the services provided on the Website are based on the information supplied by BASKME itself. The photographs and videos related to the products and commercial names, trade-marks etc. of any type on the Website, concerning the services and/or clients, have the aim of providing accurate and exact information about the services provided by BASKME and their characteristics, although the User should take into account that they may not be totally complete.
Conditions for Access to and Use of the Website
The User agrees to take the necessary steps to comply with the relevant laws when using the Website and the services provided on it, at all times subject to the laws that are applicable and good practice, and to follow the General Conditions of Use and, when applicable, the particular conditions, and at the same time be respectful of other Users.
Any use of the Website other than that explained in the previous Point 1 is expressly forbidden.
To this effect the User agrees not use any of the material and information contained on the Website for unlawful purposes, which in any case is expressly prohibited in these General Conditions of Use as well as in the particular conditions which may become applicable, and are against the rights and interests of BASKME, its members, Users, Professionals and/ or third parties, and must answer to them if they contravene or do not comply with the aforementioned obligations and/or which in any way (including the introduction or spread of “computer viruses”), damages, makes unworkable, overloads, damages or prevents the normal use of the material and information contained on the Website, the computer systems or the documents, archives and all types of content stored on any BASKME computer equipment, its members or any other User of the Website.
All the information that the Users can provide via the Website must be correct. To this effect, the User guarantees the authenticity of any data that is provided as a consequence of filling out the forms available on the Website.
In the same way, it is the responsibility of the Users to keep any information supplied to BASKME constantly updated in such a way that it always corresponds to their current situation. In any case Users are the only persons responsible for any untrue or inaccurate information that they provide and any damage resulting to BASKME or third parties because of the information supplied.
In agreement with the BASKME anti-spamming policy, Users are obliged to abstain from using or collecting data from distribution lists that they gain access to through the information and services contained on the Website to carry out promotional activities or to advertise, neither can they send commercial communications of any type or via any support not requested by or previously consented to by BASKME and/or Users.
Any User that does not intentionally comply with or is guilty of ignoring any of the obligations outlined above will be responsible for any damage or liabilities they cause.
Exclusion from Guarantees and Responsibility
BASKME does not guarantee the availability, the continuity or the infallibility in the functioning of its Website, and in consequence excludes, as much as is permitted by the current applicable legislation, responsibility for any damage that may be due to its non- availability or lack of continuity in the functioning of the Website and the services provided on it as well as errors related to access to the different web pages or those that, when relevant, provide the aforementioned services.
Except in those cases that are expressly described in the General Conditions of Use of the Website, BASKME will not be responsible for any damage resulting from a lack of accuracy, completeness or up-dating, as well as mistakes or omissions that the information and services contained on the Website, or other content that can be accessed through it, nor can it assume any duty or commitment to verify or monitor its content or information.
BASKME admits no responsibility for any damage that may result from the services provided by third parties via the Website or the means used by these to manage service requests, and specifically, including but not limited to: unfair competition or unlawful advertising as a consequence of services provided by third parties via the Website, or because of a lack of accuracy, precision, completeness, faults, defects, relevance and/or updating of the content transmitted, spread, stored, received, obtained, made available or accessible via the services provided by third parties via this Website.
Users are the only ones responsible for their conduct, whether gaining access to the information on the Website, whilst navigating on it, as well as after having gained access. As a consequence of the above Users themselves are responsible to BASKME and other related third parties for the consequences that may result from unlawful uses or effects contrary to the conditions outlined in this document, of any web content, whether created or not by BASKME, published or not under its official name, as well as any of the consequences that may result from uses contrary to those outlined in this document and damaging to the interests or rights of third parties, or that can in any way damage, make unworkable or deteriorate the web or its services or impede the normal enjoyment by other Users.
BASKME reserves the right to update the content when it deems convenient, as well as to erase, eliminate, limit or impede access to it, temporarily or definitively, as well as to deny access to the Website to Users that misuse the content and/or do not comply with any of the conditions that appear in this document.
BASKME informs Users that it does not guarantee:
1. That access to the Website and/or the links will be without interruption or free from errors;
2. That the content or software that Users get access to via the Website, or from the links, do not contain any errors, computer virus or other elements in the content that can produce alterations in their system, electronic documents or files stored on their computer system or cause any other type of damage;
3. The use that the information, or content of this web or links, that Users gain access to when used for the Users own purposes.
The information contained on this web page may be considered by Users as informative and for orientation, both in relation to its aims as well as to its effects, and therefore BASKME does not guarantee the accuracy of the information contained on the Website and does not accept responsibility of any type for possible damage or impediment caused to Users that may come from an inaccuracy appearing on the Website.
BASKME assumes no responsibility for any consequence arising from; including but not limited to:
1. The consequences that Users may make of the material on this Website or links, whether prohibited or permitted, concerning the copyright and patents of the content on the Website or that of third parties.
2. Any damage to Users caused by any normal or abnormal functioning of the search tools, of the organization or localization of the content and/or access to the web and in general, of the errors or problems that arise in the development or instrumentation of the technical elements that the Website or a program provides the User with.
3. The content of those pages that Users can get access to from links included on the Website, whether authorised or not.
4. Of third party acts or omissions, independently of whether these may be contractually linked to BASKME.
5. That minors get access to the website content, it is the responsibility of parents or guardians to exercise suitable control over their child’s/ children’s activities and install some type of filter when using of the Internet, the aim being to avoid (i) access to material or content that is not suitable for minors, as well as (ii) the transmission of personal data without the prior permission of their parents or guardians.
6. The content of the communications or dialogues created during debates, forums, chats and virtual communities that are organized via the Website and/or links, and therefore any damage that Users, individuals and/or collectives, suffer as a consequence of said communications and/or dialogues.
All rights of exploitation are reserved.
BASKME possesses all rights pertaining to content, design and source code of this web page and, especially, including but not limited to, the photographs, images, texts, logos, designs, brands, commercial names and data that is included on the web. Users and Professionals are warned that these rights are protected by the legislation in force, both Spanish and international, related to copyright and patents.
Furthermore, notwithstanding the above, the content of this Website is also protected as a computer program, and therefore protected by all the relevant Spanish and EU norms in force.
Total or partial reproduction of this Website is also expressly prohibited, not even via hyperlinks, as is any of its content, without written permission from BASKME.
Moreover copying, reproduction, adaptation, modification, distribution, commercialization, or public broadcasting is totally prohibited and/or any other action that is an offence under the relevant Spanish and/or international norms concerning copyright and patents, as well as the use of the Website content whether or not there is prior written authorization from BASKME.
BASKME informs Users that it does not concede any implicit licence or authorization consent concerning the copyright and patents or any other right or related property, direct or indirect, with the content included on the Website
The General Conditions of Use and the rest of the legal conditions of the Website are subject at each and every extreme by the relevant Spanish legislation at any given moment.