TERMS AND CONDITIONS
The website drinkterrywhite (hereinafter referred to as the “Website”) belongs to GRUPO EMPERADOR SPAIN, S.A.U. (hereinafter referred to as the "COMPANY"), with registered offices at Torre Estacio - Paseo de la Castellana 259 D, 28N - 28046 Madrid, and tax ID number A11893377. Registered with the Commercial Registry of Madrid Volume 32,218, Folio 148, Sheet M-579888.
The COMPANY welcomes and invites you to read carefully the Terms and Conditions of this Website (hereinafter, the “Terms and Conditions”), which describe the terms and conditions that will apply to your browsing, under the provisions of the Spanish regulations. Given that the COMPANY may modify these Terms and Conditions in the future, we recommend visiting them periodically to be duly informed of the changes made.
With the aim of ensuring that the use of the Website complies with criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query regarding the Terms and Conditions will be received and addressed by contacting the COMPANY at firstname.lastname@example.org.
Likewise, please be advised that, on occasions, special conditions may be established for the use of specific content and/or services on the Website, and the use of such content or services shall imply acceptance of the particular conditions specified therein.
Through the Website, the COMPANY offers Users the possibility of accessing information about the COMPANY and companies in its group, their contact details, their products and services, their location - A contact section for enquiries providing your personal information - A contact section for making reservations - Links to access social networks (hereinafter referred to as the "Services").
3. Privacy and Data Processing
The COMPANY processes your 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 with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Pursuant to article 13 of section 2 of the regulation mentioned above, please visit this link for further information link.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents shown on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands or any other signs susceptible of industrial and/or commercial use are subject to intellectual and industrial property rights, and all the brands, trade names or distinctive signs, all the industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, are the exclusive property of the COMPANY and/or of third parties, who have the exclusive right to use them. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the COMPANY harmless from any claim arising from the breach of such obligations. In no event shall access to the Website imply any waiver, transfer, licence or total or partial assignment of such rights. These Terms and Conditions of the Website do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents. Any use or exploitation of any rights shall be subject to the prior and express authorisation granted explicitly for this purpose by the COMPANY or the third-party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by legislation on intellectual property. The COMPANY is the owner of the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation for the use of such elements. The content provided on the Website shall 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 permission.
Likewise, it is forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth herein and to avoid any action that could harm them, and, in any case, the COMPANY reserves the right to exercise any legal means or actions corresponding to it in defence of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User undertakes to:
- Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the Terms and Conditions of the Website; (iii) the generally accepted morals 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 the forms contained in the Website with personal data and to keep them updated at all times so that they respond to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for any damage caused to the COMPANY or third parties by the information provided.
Notwithstanding the provisions of the preceding paragraph, the User must also refrain from:
a) Making unauthorised or fraudulent use of the Website and/or its contents for illegal purposes or effects, prohibited in these Terms and Conditions, damaging the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any device.
b) Accessing or attempting to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introducing or spreading computer viruses or any other physical or logical systems in the network that may cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third-party suppliers and other Users.
f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless you have the authorisation of the owner of the corresponding rights or it is legally permitted.
g) Deleting, concealing or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or of third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
h) Obtaining or attempting to obtain the contents using means or procedures other than those which, 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 which are typically used on the Internet for not entailing a risk of damage to or deactivation of the Website and/or the contents.
i) In particular, and including for information purposes but not limited to, the User undertakes 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. Is contrary in any way to, disparages or violates the fundamental rights and public liberties recognised in the Constitution, in international treaties and the rest of the legislation in force.
ii. Induces, incites or promotes criminal, denigrating, defamatory, violent or, in general, contrary to the law, morality, 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, morality and generally accepted good customs or public order.
v. Induces or may induce an unacceptable state of anxiety or fear.
vi. Induces or incites the engagement of practices that are dangerous, risky or harmful to health and mental equilibrium.
vii. Is protected by the legislation on intellectual or industrial rights belonging to the COMPANY or third parties without the use intended to be made having been authorised.
viii. Is contrary to honour, personal and family intimacy or the image of individuals.
ix. Makes up any advertising.
x. Includes any virus or programme that prevents the normal functioning of the Website.
If you are given a password to access any of the services and/or contents of the Website, you are obliged to use it diligently and keep it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, and undertake not to assign it to third parties, temporarily or permanently, nor to allow access to the services mentioned above and/or contents by third parties. Likewise, you undertake to notify the COMPANY of any event that may involve the improper use of your password, such as, but not limited to, theft, loss or unauthorised access, for its immediate cancellation. Consequently, until the above notification is made, the COMPANY will be exempt from any liability that may arise from the misuse of your password, and you shall be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or intentionally fail to comply with any of the obligations laid down in these Terms and Conditions, you shall be liable for all the damages that may arise for the COMPANY and/or third parties as a result of the breach.
The COMPANY does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond the COMPANY’s control.
The COMPANY is not responsible for any decisions that may be taken as a result of accessing the contents or information offered.
The COMPANY may interrupt the service or terminate the relationship with the User with immediate effect if it detects that its Website or any of the services offered on it are being used in a way contrary to these Terms and Conditions. The COMPANY is not responsible for damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for removing, as soon as possible, the contents that may generate such damages, provided it is notified. In particular, the COMPANY shall not be liable for any damages arising, 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 the telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.
ii. Illegitimate intrusions using malicious programmes of any kind and any means of communication, such as computer viruses or any other.
iii. Improper or inappropriate use of the Website.
iv. Security or browsing errors caused by a malfunction of the browser or using outdated versions. The COMPANY directors reserve the right to remove, in whole or in part, any content or information from the Website.
The COMPANY excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by the Website Users. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms. Such data is only collected for consultancy services and resolution of queries. Moreover, if the User causes damages due to an illicit or incorrect use of these services, the COMPANY may claim damages.
The User shall defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or lawsuits filed by third parties as a result of their access to or use of the Website. Likewise, the User agrees to indemnify the COMPANY in respect of any damages arising from the use of "robots", "spiders", "crawlers" or similar tools used to collect or extract data or any other action that imposes an unreasonable burden on the operation of the Website.
The User undertakes not to reproduce in any way, even using links or hyperlinks, the COMPANY's Website, or any of its contents, unless expressly authorised in writing by the COMPANY.
The COMPANY's Website includes links to other websites managed by third parties, to facilitate the User's access to the information of collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of such websites, nor is it is the guarantor and/or 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 for private, non-commercial use only. The websites that include a link to the Website (i) may not imply that the COMPANY recommends this Website or its services or products; (ii) may not misrepresent its relationship with the COMPANY, or claim that the COMPANY has authorised such a link, or include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not contain content that may be considered as objectionable, obscene, offensive, controversial, inciting to violence or discrimination on the basis of sex, race or religion, contrary to public order or unlawful; (iv) may not create links to any page of the Website other than the homepage; (v) must create links to the Website homepage, without allowing the website linking 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, at any time, request the removal of any link to the Website, after which the User must immediately proceed to its removal. The COMPANY cannot control the information, contents, products or services provided by other websites that have links to the Website.
Consequently, the COMPANY assumes no responsibility whatsoever for any aspect relating to such websites.
For further information about cookies, please click on this link.
9. Duration and Termination
The provision of the service of this Website and the other services are in principle for an indefinite period. Nonetheless, the COMPANY may terminate or suspend any of the services of the Website. Whenever possible, the COMPANY will announce the termination or suspension of the service in question.
10. Representations and Warranties
In general, the contents and services offered on the Website are purely informative. Therefore, by providing them, the COMPANY does not make any warranty or representation regarding the contents and services offered on the Website, including, without limitation, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that law cannot exclude such representations and warranties.
11. Force Majeure
The COMPANY shall not be liable in the event of inability to provide 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 event.
12. Dispute Resolution. Law and Jurisdiction
These Terms and Conditions, as well as the use of the Website, shall be governed by Spanish common law. Any dispute will be resolved before the courts of the city of Madrid.
If any provision of these Terms and Conditions is unenforceable or void under the applicable law or as a result of a judicial or administrative decision, such unenforceability or voidability shall not render these Terms and Conditions unenforceable or void as a whole. In such cases, the COMPANY will amend or replace such provision with another one that is valid and enforceable and that, as far as possible, achieves the objective and intention of the original provision.