Terms and conditions
Terms of use
Proactiv.es (the “Website”) is the property of PROACTIV S.L, which is responsible for its management. We are a company registered in Barcelona. Our head office is located at C/ Xarol 3, Polígono Industrial Les Guixeres, 08915, Badalona and our company tax number is B-59343673. Our email address is info@proactiv.es.
The terms of use (the “Terms”) that apply to users’ use of the Website are detailed below. By accessing the Website, you are bound by these Terms. The Website is offered to users aged over 18 years. If you are not a resident of Spain, if you are not aged over 18 years and if you do not agree to be bound to these Terms, you will not have access to the Website, as we have the right to restrict or prevent your access to it. Should you have any queries, please send us an email at the following address: info@proactiv.es
1 YOUR OBLIGATIONS
1.1 It is forbidden to:
• (a) Use the Website (or any part of it) for illegal purposes. You have an obligation to use it in accordance with the applicable laws.
• (b) Download or transmit through the Website (in any way) (i) any kind of virus, macro virus, Trojan, worm, logic bomb or any other item designed to interrupt, damage or interfere with a computer’s normal functioning or (ii) any material that is defamatory, offensive, obscene or threatening, or that may cause unnecessary unease, discomfort or anxiety.
• (c) Use the Website in such a way that (i) might interrupt or damage it or reduce its efficiency or in such a way that the effectiveness or functionality of the Website is harmed in any way (ii) violates or infringes the rights of any person, business or company (including, but not limited to, intellectual property, confidentiality and privacy rights).
• (d) Create or publish hyperlinks to any part of the Website, or try to obtain unauthorized access to any part of the Website.
• (e) Copy or distribute any part of the Website, on whatever medium, without our prior written authorization.
• (f) Alter or modify any part of the Website, apart from what is reasonably necessary to use it for the established purposes.
1.2 You accept that, should you wish to exercise any right or carry out a claim or other action against any user of the Website, caused by that user’s use of the Website, you must exercise that right or carry out that claim or other action independently, without appealing to us.
1.3 You shall only use the Website for your personal, non-commercial use.
2 OUR RIGHTS
2.1 We reserve the right to:
This Website and its terms of use are applicable to the time in which they are used. We therefore reserve the right to:
• (a) Modify or remove, whether temporarily or permanently, the Website (or any part of it) with or without warning. You confirm that we will not be held liable by you or any third party for any modification of or removal from the Website, without prejudice to the user’s acquired rights. Likewise, we reserve the right to:
• (b) Change these Terms occasionally. The continued use of the Website (or part of it) after this change will be considered acceptance of the change. It is your responsibility to check periodically whether the Terms have been modified. If you do not agree with any change to the Terms, you must stop using the Website immediately. Due regard will paid to the user’s acquired rights at all times.
• (c) Monitor all activity and content related to the Website. We will investigate any violation of these Terms or claims relating to the Website and take the measures deemed appropriate (including, but not limited to, sending warnings, the suspension, removal or addition of access terms and/or the deletion of any material from the Website).
2.2 We will make the efforts we consider appropriate to maintain the Website, which is subject to occasional modifications. Should you be unable to use part of the Website due to faults or the total or partial removal of the Website, for whatever reason, you will not have the right to compensation of any kind.
3 YOUR PERSONAL DATA
We respect your personal data, which will be processed in accordance with our privacy declaration and the current data protection regulations. For more information on our privacy declaration, please click here
4 LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You recognize and accept that we are not responsible for the availability of these websites or external resources and that we do not support, nor are we directly or indirectly responsible for, these websites’ privacy practices or content (including distorted or defamatory content), including, but not limited to, any advertising, product or other material or service published or available on these websites or resources. Likewise, we will not be held responsible for any damage, loss or offense caused or supposedly caused by the use of the content (or relating to it), goods or services available on these external websites or resources.
5 LIMITATION OF LIABILITY
5.1 The Website is published “as is” and available exclusively for your information and personal use. Proactiv cannot give any guarantees regarding the information on the Website, and any interpretation of it or liability resulting from it, whether express or implicit, is rejected. Unless specified otherwise in independent terms and conditions relating to a particular product or service, we do not offer any kind of guarantee, whether express or implicit, regarding the Website, except for the legally required guarantees.
5.2 Notwithstanding the other provisions of the Terms, your consumer rights, in accordance with Spanish legislation, will not be limited in any way.
5.3 You recognize that, although we make all necessary efforts in accordance with the Spanish Data Protection Law, we cannot guarantee the security or privacy of the Website and of the information you enter there or obtain from there, and, therefore, we will not be held liable for this security or privacy.
5.4 We do not accept any contractual liability, extra-contractual civil liability (including but not limited to negligence) or any other kind of liability for:
• (a) financial losses (including but not limited to loss of income, profit, contracts, business or predicted savings); or
• (b) loss of goodwill or reputation; or
• (c) loss of data or of the use of data; or
• (d) any special, indirect or consequent loss. This applies independently of where the aforementioned loss comes from and independently of whether the loss had been considered by you or by us at the time at which the incident that caused the loss occurred.
5.5 None of the Terms in this document will exclude or limit our liability for a death or personal damages derived from serious negligence on our part or by our representatives, agents or employees, or for a case of civil wrong through fraud.
6 COMPENSATION
YOU AGREE TO ACCEPT TOTAL LIABILITY AND TO PAY COMPENSATION FOR ANY CLAIM, LIABILITY, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING LEGAL COSTS, INCURRED BY US AND THAT RESULT FROM ANY BREACH ON YOUR PART, AND FOR ANY LIABILITY WE MAY HAVE TO ACCEPT RELATING TO YOUR USE OF THE WEBSITE OR THE USE OF THE WEBSITE BY ANOTHER PERSON ON YOUR COMPUTER OR THROUGH YOUR INTERNET PROVIDER ACCOUNT.
7 INTELLECTUAL PROPERTY AND RIGHT TO USE
7.1 You recognize and accept that all copyrights, commercial brands and other intellectual property rights regarding the material and content on the Website remain our property or the property of our conferrers and that you are only authorized to use this material in the ways expressly authorized by us.
7.2 You recognize and accept that the material and content on the Website is made available to you only for personal, non-commercial use. You may therefore print a copy and download part of any of the pages on the Website for this purpose. Any other use of the material or content on the Website is strictly forbidden. You agree not to copy, reproduce, transmit, publish, disseminate, sell, license, exhibit or distribute this material or content, exploit it for commercial purposes or create jobs or work derived from it, or to contribute towards third parties doing this.
7.3 We reserve all the rights expressly granted on the Website and relating to the Website and its content.
8 NOTICES
8.1 You may contact us regarding these Terms by email at: info@proactiv.es .
8.2 As sending the notice does not guarantee that we receive it, please obtain and keep acknowledgment of receipt from us, which we will try to send within five (5) working days of receiving the notice.
9 GENERAL
9.1 Should any part of these Terms be deemed illegal, invalid or inapplicable for whatever unforeseen reason, this provision will be considered separate from the rest of the Terms and will not affect the validity or relevance of the rest of the provisions of the Terms.
9.2 These Terms (and any occasional amendment) contain all agreements regarding the subjects referred to in this document and replace any previous agreement, whether verbal or written, between you and us. No verbal explanation or information, on your part or ours, will change the interpretation of these Terms. By accepting these Terms, you confirm that you have not taken into account any interpretation that is not expressly included in this document and accept that you will not be able to take action in the case of any misinterpretation that is not part of these Terms. However, none of the items included in these Terms aim to waive liability for any fraudulent declaration or act.
9.3 The Terms are exclusively governed by and based on Spanish legislation, the courts of which enjoy exclusive jurisdiction in the event of conflict, unless we have recourse, at our own discretion, to take out legal action in other jurisdictions.