Terms and conditions of use - PromoFarma.com

Conditions of Use

By accessing, browsing or using the Website www.promofarma.com, the user gives their express and unreserved acceptance of all the terms of these Conditions of Use, which will have the same validity and effects as a written and signed contract.

Adherence to and compliance with these conditions is mandatory for any person who accesses, browses or uses the Website. If you do not agree with these conditions, please do not access, browse or use any of the Website’s pages

1. COMPANY INFORMATION
  • Owner: PromoFarma Ecom, S.L. (hereinafter, “PromoFarma”)
  • Registered address: Av. Diagonal 534, 6º, 08006, Barcelona, Spain
  • Corporate Tax ID No.: B65130122
  • Public Register: Registered in the Mercantile Registry of Barcelona, in Volume 40.021, Folio 13, Section 8, Sheet number B-310.366, Entry 1.

You may contact us by e-mail or by calling the telephone number +34 902 930 918 from Monday to Friday, 8 a.m. to 8 p.m.

The cost of calls is 15 cents for the call connection and 7.2 cents/min. from landlines. To find out the rate from your mobile, check with your operator.

2. PURPOSE AND SCOPE OF APPLICATION

The present conditions of use regulate the access, browsing and use of the Website www.promofarma.com, notwithstanding the fact that PromoFarma reserves the right to modify the presentation, settings and content of the Website as well as the conditions for access and/or use of the same. By accessing and using the Website content after such modifications or changes have been made, the user accepts the same.

However, access to certain content and the use of certain services may be subject to specific conditions which will at all times be clearly displayed and which must be expressly accepted by the user. Said specific conditions may replace, compliment or, if applicable, modify the present conditions of use.

PromoFarma reserves the right to modify the terms and conditions set out herein, either partially or in full, publishing any change in the same manner as it has published these Conditions of Use or by means of any type of notification to users.

3. ACCESS AND REGISTRATION

Access to the Website content is completely free of charge, although there may be specific sections or services that require the payment of a charge for their use. The user will, in all cases, be duly notified of this and must give their express acceptance if they wish to use them.

If you do not have a username and password to access our platform www.promofarma.com, you must sign up via the following link https://www.promofarma.com/signup, where you must enter your true and accurate details, as this is the only way we will have of processing any possible future orders and correctly managing our commercial relationship.

In addition, it is also possible to register as a user via our official Facebook page, https://www.facebook.com/promocionesfarma or via sign-up campaigns carried out by other websites that are officially authorised to register new users.

People under the age of 18 are not permitted to access the Website. However, if a minor should access and register on the Website, it will be assumed that this access has been carried out with the prior express authorisation of their parents, guardians or legal representatives, although PromoFarma reserves the right to perform as many checks as it considers necessary.

Registration is not required in order to access and browse the Website, however, to make any purchase or to receive regular advertisements, information and offers related to our promotional campaigns and products, it is necessary to fill in the electronic registration forms. Registration on the Website is free of charge unless otherwise expressly indicated.

Under no circumstances shall PromoFarma bear any responsibility for the truthfulness of the registration data provided by the end users, and as such, each end user is responsible for the possible consequences, errors or faults that may result from incorrect data.

3.1. USER REGISTRATION REQUIREMENTS

To register as a user you must be over 18 years old and provide the data requested and marked as compulsory.

Similarly, registered users accept that their registered user accounts are personal and non-transferable, bearing in mind that registration is limited to natural persons and is not permitted for companies.

Under no circumstances may a user account be shared between different people, and PromoFarma shall delete any such account as soon as it is detected, while reserving the right to apply any corresponding legal measures.

3.2. CANCELLATION OF USER REGISTRATION

Users may request to cancel their registration at any time simply by writing to legal@promofarma.com, indicating their username and the specific service from which they wish to cancel their registration.

In any case, after cancelling their registration, the user may register once again as a customer, although PromoFarma reserves the right to refuse registration in the specific cases specified in the “Non-authorised use” clause or in the event of conflict or dispute between the parties, either ongoing or with a ruling of guilt or negligence on the part of the customer and/or injury to PromoFarma, its employees and partners or its users, customers or potential customers.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

PromoFarma is the owner of or, as applicable, owns the corresponding licenses for the exploitation of the Website’s intellectual and industrial property, as well as the intellectual and industrial property rights for the Website’s information, materials and content.

Under no circumstances shall the access, browsing and use of the Website by the user imply a full or partial waiver, transfer, licence or assignment of said rights by PromoFarma. The user has the right to use the Website’s content and/or services within a strictly domestic scope.

References to brands, registered trade names or other distinctive signs, whether owned by PromoFarma or other third-party companies, imply the implicit prohibition over their use without the consent of PromoFarma or the legitimate owners. At no time, unless expressly stated otherwise, shall the access, browsing or use of the Website and/or its content grant the user any right over the distinctive signs contained in the same.

All rights are reserved over the intellectual and industrial property related to the content and/or services of the Website, and in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any format, all or part of the content included on the Website, for public or commercial purposes, without the prior written authorisation of PromoFarma or, where applicable, the owner of the corresponding rights.

In the event that the user sends information of any type to PromoFarma via the Blog or via the other channels provided for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other third-party rights, that said information is non-confidential and that it is not damaging to third parties.

The user acknowledges that they assume responsibility for any communication made personally or in their name, with no restrictions in terms of preciseness, legality, originality and ownership thereof, and holding PromoFarma harmless for the same.

5. LINKS
5.1. LINKS TO OTHER WEBSITES

In the event that the Website displays links to other websites by means of buttons, links, banners or embedded content, PromoFarma hereby informs you that these are directly managed by third parties, and that PromoFarma does not have the human or technical resources to previously view and/or control and/or approve all the information, content, products or services provided by other websites for which links may be displayed on the Website.

As a result, PromoFarma cannot assume any type of liability for aspects related to websites for which links may be displayed on its Website, with such aspects including but not limited to operation, access, data, information, files, quality and reliability of the products and services, the website’s own links and/or any of its content in general.

In this regard, if a user becomes aware that the activities carried out over such third-party websites are illegal or contrary to morality and/or public order, they must immediately inform PromoFarma so that the latter may proceed to disable the link in question as soon as possible.

In any case, the establishment of any type of link from the Website to another third-party website shall not imply the existence of any type of relationship, partnership or dependency between PromoFarma and the party responsible for the other website.

5.2. LINKS TO THE WEBSITE ON OTHER PLATFORMS AND SOCIAL NETWORKS

PromoFarma uses different tools and applications to provide its users with links that allow them to access the channels and pages of the Website and the Blog from different social networks or platforms belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The sole purpose of installing these applications on the Website and the Blog is to make it easier for users to access said channels via the different platforms and social networks.

The installation of these applications does not imply the existence of any relationship between PromoFarma and the owner, manufacturer or distributor of the linked platform, and neither does it imply the acceptance or approval by PromoFarma of its content and/or services, with said owner, manufacturer or distributor being the only party responsible for the same.

Under no circumstances shall PromoFarma share any type of private information on its users with Facebook, Twitter or any other social network that may be added in the future, with its only purpose being that which is established in the present Conditions of Use and the Privacy Policy https://www.promofarma.com/legal/privacy. In this regard, if the user wishes to provide these platforms with information, this shall be the user’s own responsibility and shall not involve PromoFarma.

The activation and use of these applications may require the user to provide a username and password on the platforms in question, which are completely external to the Website and beyond the control of PromoFarma. By accessing said external networks, the user enters an environment that is not controlled by PromoFarma, and as such PromoFarma shall assume no responsibility for the security settings of such environments.

As PromoFarma has no control over the content hosted on such channels, the user acknowledges and accepts that PromoFarma assumes no responsibility for the content or services that the user may access on such websites, nor for any content, products, services, advertising or any other material they may provide. As such, the user must take care when evaluating and using the information, content and services available on the linked channels, and when deciding to share their own or third-party information on such channels.

5.3. LINKS TO THE WEBSITE FROM OTHER WEBSITES

PromoFarma does not authorise the creation of links to the Website from other websites that contain material, information or content that are illicit, illegal, degrading, obscene or, in general, that are contrary to the law, morals, public order or generally accepted social standards.

In any case, users may establish links on their own websites that connect with the Website, as long as they meet the following conditions: a) the link may not reproduce the Website’s full or partial content in any way; b) it is not permitted to create a browser or a border environment on the different sections of the Website, nor may the platform be modified in any other way; c) it is not permitted to make false, imprecise or incorrect statements or indications regarding the Website and/or, in particular, to state or imply that PromoFarma has authorised the link or supervised or authorised in any way the contents or services offered or provided on the website that hosts the link; d) the website that contains the link to the Website may not contain information or content that is illicit or contrary to morals, generally accepted social standards or public order; nor may it contain content that contravenes any third-party rights, including intellectual and industrial property rights and/or the right to honour, personal or family privacy, personal reputation or any other right, or content that contravenes personal data protection regulations.

PromoFarma does not have the power or the human or technical resources to previously view, control or approve all the information, content, products or services provided by other websites that contain links to the Website. PromoFarma assumes no type of liability for any aspects related to websites that contain links to its Website, with such aspects including but not limited to operation, access, data, information, files, quality and reliability of the products and services, the website’s own links and/or any of its content in general.

6. CONDITIONS OF USE OF THE WEBSITE

Access to or use of the Website for illegal, non-authorised purposes, whether or not for financial gain, is prohibited and the consequences thereof shall therefore be the exclusive responsibility of the user. More specifically, such prohibited activities include but are not limited to:

  1. using the Website in any manner that may cause damage, interruption, inefficiency or errors in its operation or in a third-party device;
  2. using the Website to transmit, install or publish any virus, malicious code or other harmful programs or files;
  3. using the Website to gather the personal data of other users;
  4. registering on the Website using a false identity, impersonating third parties or using a profile or carrying out any other action that may mislead other users regarding the source of a message;
  5. gaining unauthorised access to any section of the Website, to other systems or networks connected to the platform, to any PromoFarma server or to the services offered over the Website, by means of hacking or forgery, password mining or any other illegal activity;
  6. cracking or trying to crack the Website’s security or authentication features or those of any network connected to the Website, or the security or protection features incorporated into the Website’s content;
  7. carrying out any action to place an excessive or unnecessary load on the Website’s infrastructure or PromoFarma’s systems or networks, as well as the systems and networks connected to the Website; or
  8. preventing the smooth running of an event, competition, promotion or any other activity available over the Website, or any of its functions, whether by altering or trying to alter, by illegal or any other means, the access, participation or operation of such activities, or forging the results of same and/or using fraudulent participation methods by means of any procedure and/or any practice that contravenes or infringes the present Conditions of Use in any way.

Failure by the user to comply with any of the above-mentioned obligations may result in PromoFarma adopting the measures provided for by Law as falling within its rights and obligations, and may delete or block the account of the offending user, with the latter not being entitled to claim any compensation whatsoever for the damages caused.

Similarly, the Website has areas via which users may participate, publish their own content and/or share their own content or content published by PromoFarma. Said areas may be owned by PromoFarma and therefore be dependent on or controlled by the latter, or by third parties, in which case they are independent social networks not related to our organisation and for which we cannot take responsibility over the correct functioning, conditions or policies set out by the owners thereof, with the user themselves being responsible for consenting to and acknowledging at all times the processing of the information published on said platforms.

In any case, you are hereby informed that when you participate in any of these areas, the other Website users may access and use all your published content. PromoFarma cannot control the use made by other people of your content and therefore assumes no responsibility for the same. PromoFarma recommends that you do not publish personal details or materials protected by intellectual or industrial property rights or any other rights.

For the purpose of ensuring that the platform is a secure environment and to protect our users, it is strictly prohibited to publish content that:

  1. may be considered to infringe in any way the basic rights of honour, personal and family privacy or the personal reputation of third parties and, in particular, of minors;
  2. includes photographs displaying images or personal details of third parties without having obtained the due consent of the persons in question;
  3. violates the secrecy of communications, intellectual or industrial property rights or personal data protection regulations;
  4. contains any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or that is in any way contrary to morals or public order;
  5. contains “spam” and/or links to websites that are unrelated to the space in question;
  6. whose purpose is to promote and/or publicise the sale, consumption and/or use of any products and/or services and, in particular, medicines, formulas for medicinal purposes and/or medical devices, to influence the decision-making of other users with regards a certain treatment, or to influence their purchasing decisions in favour of any manufacturer of medicines and/or medical devices;
  7. includes advertising or commercial communications for sending messages with the purpose of advertising or to gather data.

Any user who breaches the above prohibitions shall be liable for any claims resulting from such a breach. Even if there are no resulting claims from third parties, PromoFarma reserves the right to deny access to the Website or participation in the Blog to those users who fail to comply with the above conditions.

PromoFarma does not control the content published by users on the Website and is not responsible in any way for such content. Notwithstanding the above, PromoFarma reserves the right to supervise and/or moderate any content published by users on the Blog and to edit or delete the content if it violates the present Conditions of Use or the Privacy Policy https://www.promofarma.com/legal/privacy. Similarly, if you find any information or content on the Website that may be unsuitable, contrary to current regulations or to the conditions set out on this Website, we ask you to contact PromoFarma immediately via any of the available contact channels.

7. RESPONSIBILITIES AND GUARANTEES

PromoFarma cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services on the Website, nor the usefulness or truthfulness of the documentation provided on the same.

Therefore, PromoFarma neither guarantees nor accepts responsibility for: (i) the continuity of the Website’s content; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful elements on the Website or the server that hosts it; (iv) the invulnerability of the Website and/or the impossibility of breaching its security; (v) the lack of usefulness or efficiency of the Website’s contents; and (vi) the damage or harm that could be caused, to itself or to a third party, by any person who violates the conditions, rules and instructions that PromoFarma establishes on the Website, or by a breach of the Website’s security systems.

However, PromoFarma declares that it has taken all the necessary measures within its power and in light of current technology to guarantee the functioning of the Website and minimise system errors, both in terms of technical aspects and the content published on the Website.

If the user becomes aware of the existence of any content that is illicit or illegal, contravenes the law or may represent a violation of intellectual or industrial property rights, the applicable personal data protection regulations and/or any other right, they must immediately notify PromoFarma so that it may take the appropriate measures.

PromoFarma does not guarantee the lawfulness, reliability or usefulness of the content supplied by third parties over the Website.

PromoFarma does not intend to promote and/or publicise the sale, consumption and/or use of medicines, formulas for medicinal purposes and/or medical devices, to influence users’ decision-making with regards a certain treatment, or influence their purchasing decisions in favour of any manufacturer of medicines and/or medical devices.

PromoFarma shall not be responsible for ensuring that the information published on the Website by third parties (news from external sources, reports from external professionals, etc.), or the content on other websites accessed via links on the Website, is truthful, complete or up-to-date.

PromoFarma shall assume no responsibility for any possible damage that could result from the use of such information. Under no circumstances shall such content, opinions, comments and/or links be considered as recommendations, sponsorship, promotion or advertising by PromoFarma of medicines and/or medical devices, or of the pharmaceutical companies or manufacturers that make them.

In all cases, PromoFarma reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access to, browsing, use, hosting and/or downloading of content and/or the use of the Website's services, with or without prior warning, for users who breach any of the provisions set out in these Conditions of Use, without the user being entitled to claim any compensation whatsoever for the damages caused.

8. PRIVACY AND COOKIES POLICY

Pursuant to the provisions of Organic Law 15/1999 of 13 December on Personal Data Protection, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy https://www.promofarma.com/legal/privacy which all users must expressly accept in order to use and register on the Website.

All users that accept these Conditions of Use are also informed of, and expressly and unequivocally accept our Privacy Policy, with the latter providing them the rights of access, rectification, cancellation and opposition of their personal data, which they may exercise as described in said Privacy Policy.

9. APPLICABLE LAW AND COMPETENT JURISDICTION

These Conditions of Use are governed by Spanish law. To resolve any conflicts, the Parties freely submit to the courts of the User’s domicile, waiving any other jurisdiction to which they may be entitled. Moreover, as a company which subscribes to Confianza Online and in the terms of its Ethical Code, in the event of any dispute relating to online contracting and advertising, data protection or child protection, the user shall have recourse to the extrajudicial dispute resolution system of Confianza Online (www.confianzaonline.es).

To file complaints regarding the use of our services, the customer may write to either the e-mail or postal address indicated in the “Contact” section, and we shall undertake in all cases to search for an amicable solution to the problem.

Last updated: 22 February 2018

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