Termos e condições de uso

1. Object

The terms and conditions contained in these General Conditions of Use (hereinafter also, General Conditions or Conditions) constitute the general conditions for regulating access and use of the Site www.otariosen.com (hereinafter, FITFIT NEW ZEALAND or “the Site”) owned and managed by WEB LAB FACTORY S.L. (hereinafter WEB LAB FACTORY) with NIF B55346456 and with address Camí de Siurana 14, CP 17469, El Far d'Empordà. Registered in the Girona Commercial Registry, volume 3246, book 0, folio 129, section 8, sheet number GI 65956.

These Terms are complemented by the Privacy Policy.

The use of FITFIT NEW ZEALAND implies full acceptance of each and every one of the General Conditions contained here.

The expression “Site” or web of FITFIT NEW ZEALAND includes, but is not limited to, this website, as well as the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, industrial designs, furniture designs and others included therein, and, in general, all creations expressed by any medium or medium, tangible or intangible.

Access to FITFIT NEW ZEALAND implies that the User acquires a series of rights and obligations, in order to guarantee the adequate enjoyment of the general and private services and contents found therein and that WEB LAB FACTORY makes available to the User.

The User is aware that access and use of the services and contents of FITFIT NEW ZEALAND is under their sole and exclusive responsibility.

User status is acquired by accessing the Site.

2. Free of charge and no subscription or registration required

Access and/or use of the Site is free, except for those services that are so indicated in their respective Special Conditions.

The completion of the registration form is not mandatory to access and enjoy the services offered on the Site, with the exception of certain services.

3. User Registration

To access and/or use certain services of the Site, upon registration, the User must assign a username (s), as well as a password (s), undertaking to make diligent use of both (username and password) and to keep credentials and passwords secret, thus being responsible for all damages caused by their incorrect and negligent use. At any time, and without the need for prior notice, WEB LAB FACTORY may deny or withdraw the use of our Site when the Conditions, the Individuals that regulate a particular service or the Privacy Policy are breached.

4. Minors

Children under 18 years of age may not use the particular WEB LAB FACTORY Services that require registration or identification as registered users of the Site, even with the representation of their father, mother, guardian or legal representative.

5. Intellectual and Industrial Property

All information contained in the Site, including, but not limited to, databases, graphic design, photographs, logos, brands, images, audio, video, documents, source code (HTML and Javascript), and any content published on the Site, constitutes a work whose intellectual and industrial property belongs to WEB LAB FACTORY, or to third parties, without it being understood that the use or access to the Site and/or the services offered therein gives the User any right to their property.

The User shall refrain from reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the services, unless authorized by WEB LAB FACTORY or the third party holder of the right; deleting, evading or manipulating any data or sign identifying the rights of WEB LAB FACTORY or its owners incorporated into the services as well as the technical protection devices, and in particular, using information of any kind obtained through the Site of WEB LAB FACTORY or the services, to send advertising, communications for direct sales purposes or for any other type of commercial purpose, to send unsolicited messages addressed to a plurality of people regardless of their purpose, and to refrain from marketing or disseminating such information in any way; to obtain any image, recording, software and, in general, any kind of material accessible through the Site by any means other than those that WEB LAB FACTORY makes available to Users.

6. Correct use of the Site

Any User who accesses the FITFIT NEW ZEALAND Site undertakes to the correct use of all the services found on it, in accordance with the provisions of the current legislation that may be applicable to them and to what is contained in the General Conditions and, where appropriate, in the Special Conditions published on the Site at any time for each product or service, abstaining from carrying out any act that could go against the interests of third parties and the structure and operation of the FITFIT NEW ZEALAND Site.

Specifically, the User may access free of charge and without the need for prior authorization to the contents and services of the Site available as such, without prejudice to specific technical conditions or the need for prior registration with respect to specific services and content, as determined in these general conditions or in the particular conditions of such services.

Under no circumstances may the User:

• Access or use the services and contents of the site for illegal purposes, detrimental to the rights and freedoms of third parties, or that may harm, damage or prevent access to them in any way, to the detriment of WEB LAB FACTORY or third parties or contrary to the legal conditions published on the Site.
• Use the services, in whole or in part, to promote, sell, contract, disclose advertising or information of your own or that of third parties without prior written authorization from WEB LAB FACTORY.
• Include hyperlinks on your private or commercial web pages to the Site that are not limited solely and exclusively to access the main page of the Site and provided that the conditions established below for the links are respected.
• Eliminate or modify in any way the protection or identification devices of WEB LAB FACTORY or its legitimate owners that may contain the content hosted on the Site, or the symbols that WEB LAB FACTORY or the legitimate third party holders of the rights incorporate into their creations subject to intellectual or industrial property existing on the Site.
• Include in the Site under your responsibility or ownership “metatags” corresponding to brands, trade names or distinctive signs owned by WEB LAB FACTORY or third parties.
• Reproduce all or part of the WEB LAB FACTORY Site on another website; you may not create frames accessible through the Site that conceal or modify — with a delimiting but not limiting nature — content, advertising spaces and brands of WEB LAB FACTORY or third parties, regardless of whether or not they involve acts of unfair competition or confusion.
• Create frames within third-party websites that reproduce the main page and/or the pages accessible through it, corresponding to the WEB LAB FACTORY Site without the prior authorization of WEB LAB FACTORY.

WEB LAB FACTORY reserves the following rights:

• Modify the conditions of access to the Site, technical or not, unilaterally and without prior notice to users, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and/or content.
• Establish particular conditions and, where appropriate, the requirement of a price or other requirements for access to certain services and/or content.
• Limit, exclude or condition user access when all the guarantees of correct use of the site are not given by them in accordance with the obligations and prohibitions assumed by them.
• End the provision of a service or supply of content, in any case, and in particular, when it is illegal or contrary to the conditions established for them, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and/or content intended for users of the Site.
• Modify, delete or update all or part of the content or services offered through the Site without prior notice, without prejudice to the provisions of the particular conditions that regulate the use of a particular service and/or content.
• Take any legal or judicial action that is appropriate for the protection of the rights of WEB LAB FACTORY.
• Demand any compensation that may result from the improper or illegal use of all or part of the services and content provided through the Site.

7. Terms of Use of the Services accessible through the Site

7.1. Commercial communications and newsletters

The User can subscribe to the Services for sending commercial communications and newsletters published on the Site. To do this, the User must provide their email address and in this case, the email address provided by the User to WEB LAB FACTORY will be used to send commercial or promotional communications, either through email or any other equivalent means of communication.

7.2. User opinions and comments

Some Sites incorporate the possibility of commenting on the advertised service/product. WEB LAB FACTORY is not responsible for the opinions or comments made by the User, the latter being obliged not to publish comments or actions: (i) defamatory, inaccurate, false, abusive, injurious, obscene, irreverent, offensive, insulting, tacitly or expressly sexual, threatening, harassing, racist, sexist, discriminatory for any reason, that violate morals, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and, in general, current regulations, and/or illegal or infringing the rights of third parties (ii) transmitters of junk mail, “SPAM”, messages for commercial purposes, or unsolicited mass mailings, false, misleading or promote illegal activities or rude, threatening, obscene, defamatory or insulting conduct; (iii) that provide practical information about illegal activities; (iv) that involve any advertising or commercial activity, even if there is no monetary consideration; (v) that contain personal data about third parties that require the consent of rights holder.

The User will be liable to WEB LAB FACTORY or to any third party for any damages that may be caused as a result of the breach of these conditions.

The Site allows the issuance and publication of positive or negative opinions. WEB LAB FACTORY will not publish or delete opinions that do not meet the above conditions, and will not be responsible or guarantee the veracity and accuracy of the opinions that may be expressed by users on the Site.

7.3. Publication of Content by the User

The User guarantees that he has and that he agrees to assign free of charge to WEB LAB FACTORY, the rights of reproduction, distribution, transformation and public communication, in all possible forms, text, audio, photographs and/or audiovisual works (hereinafter, work) that he sends and publishes through the services of the Site that allow it, for the maximum duration currently provided by law for the protection of the rights transferred and with the right to transfer to third parties.

The user who submits the work guarantees to be the owner of the intellectual property rights they assign and, therefore, will hold WEB LAB FACTORY harmless against any third-party claim arising from the breach of the aforementioned warranty.

By submitting their work or content, the User accepts the content of the following conditions:

1. WEB LAB FACTORY will decide on the suitability of the work for publication and may adapt it technologically, fragment it and adapt it to the ideal format for publication, or withdraw or deny its publication.
2. The User declares, assures and confirms to WEB LAB FACTORY:
   1. Who is over 18 years old.
   2. That your identifying information is true and verifiable.
   3. That he is the material author of the work he sends, who is original and has not plagiarized or usurped it from third parties.
   4. That, in the case of sending photographs, audios or videos of people, these have been prepared with the consent of the people who appear in them and who accept the consequences of sending them to WEB LAB FACTORY

   The user is responsible for these statements and will hold WEB LAB FACTORY harmless for the breach of the above-mentioned guarantees.

7.4. Online registration service at FITFIT NEW ZEALAND

The User is informed that in order to appear free of charge on the FITFIT NEW ZEALAND Site, they must be a legal person, businessman, merchant, industrialist or professional, in their commercial capacity and fill in at least the mandatory fields of the corresponding form, and it is advisable to fill in all the fields requested by the form. Once this data has been received, WEB LAB FACTORY will contact the User to verify them properly. The registration will be effective on the Internet as soon as possible.

7.5. Suggestions and Contact Service

The User may ask questions submitted through the suggestion and contact service of the WEB LAB FACTORY Site. Under no circumstances will the communications sent by the User to these services be legally considered a complaint, nor can any binding legal effect be derived from the response made by WEB LAB FACTORY.

8. Protection of personal data

WEB LAB FACTORY guarantees the confidentiality of personal data provided by users through the WEB LAB FACTORY Site and, in particular, for the subscription and use of private services and content published on the Site, and their processing, in accordance with current legislation on the protection of personal data.

For more information on the processing of the User's personal data, the User can access the FITFIT NEW ZEALAND Privacy Policy.

9. Hyperlinks

The User who intends to include any type of link on their website, which involves a hyperlink to the FITFIT NEW ZEALAND Site, must comply with the following Conditions:

• No false, inaccurate or incorrect statements or indications will be made about the FITFIT NEW ZEALAND Site.
• The hyperlink will only allow access to the FITFIT NEW ZEALAND Site and the services, but you cannot reproduce them in any way;
• It will not be declared or implied that WEB LAB FACTORY has authorized the hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the website where the hyperlink is established;
• The website on which the hyperlink is established will not contain any brand, commercial name, establishment label, name, logo, slogan or other distinctive signs belonging to FITFIT NEW ZEALAND;
• The web page on which the hyperlink is established will not contain illegal information or content, nor will it contain content that violates any rights of third parties;
• The establishment of the hyperlink does not imply in any case the existence of relations between WEB LAB FACTORY and the owner of the website on which it is established, nor the acceptance and approval by WEB LAB FACTORY of its contents or services offered there and made available to the public;

10. Responsibilities

WEB LAB FACTORY is not responsible for the consequences derived from the User's non-compliance with the General Conditions of Use, or where appropriate, of the Special Conditions governing some services, contained within any of the FITFIT NEW ZEALAND Site.

All services accessed through our Site, including any action or the performance of any obligation and/or right between Site Users and advertisers, are considered to have been performed between these two parties, and WEB LAB FACTORY is exempt from any type of responsibility.

In the case of any liability due to WEB LAB FACTORY, WEB LAB FACTORY will only be liable for the damages and losses actually and directly caused by it, without in any case including compensation for loss of profits.

Our Site may be disconnected or altered without prior notice, and WEB LAB FACTORY has no liability to the User or to third parties for this reason.

WEB LAB FACTORY is not responsible for system malfunctions when it is due to technical conditions or due to third party causes.

WEB LAB FACTORY declines any responsibility for the services and content found both outside and inside the Site, nor will it be responsible for damages of any kind resulting from the lack of availability or continuity of the operation of the services offered on our Site.

WEB LAB FACTORY does not control everything contained within the Site, thus not being responsible for any damages that may arise from the existence of any type of virus or other element that may cause alterations to the computer system, nor for the damages that they may cause to Users' hardware or software.

The purpose of the linking devices (links, banners, buttons...) that appear on our Site is to inform the User of the existence of other sources of information on the subject on the Internet, as well as to make it easier for Users to search for and access the information available on the Internet; these devices do not constitute a suggestion, invitation or recommendation to visit the places of destination, and therefore, WEB LAB FACTORY will not be responsible for the results obtained through these links.

Under no circumstances will WEB LAB FACTORY be responsible for the information provided by links to other content or, included in their directories or content search tools, provided that WEB LAB FACTORY has no effective knowledge that the information to which they refer is illegal or that it damages the property or rights of a third party susceptible to compensation and, if you have that knowledge, act diligently to delete or disable the corresponding link. Notwithstanding this, WEB LAB FACTORY reserves the right to deny or withdraw, at any time and without prior notice, those Users who are manifestly carrying out illegal activities.

WEB LAB FACTORY does not control or offer any kind of guarantee about the identity of Users, or about the veracity, validity and authenticity of the data that Users provide about themselves or about other Users; thus, it is not responsible for damages of any kind that may be due to the incorrect identity of the Users and to the lack of veracity, validity and authenticity of the information that Users provide about themselves or make accessible to other Users.

WEB LAB FACTORY is exempt from any type of liability for damages of any kind in the following cases:

• Due to the impossibility or difficulties of connecting to the communication network through which the Site is accessible, regardless of the type of connection used by the User.
• Due to the interruption, suspension or cancellation of access to the Site, as well as due to the availability and continuity of the operation of the Site or the services and/or contents therein.
• WEB LAB FACTORY does not assume any responsibility for the services and contents, or for the availability and conditions, technical or not, of access to them, that are offered by third-party service providers, especially with respect to information society service providers. Information society service providers are understood to be those individuals or legal entities that provide the following services to the public:
  1. Transmission over a communication network of data provided by the recipient of the service.
  2. Access services to the said network.
  3. Data storage or hosting services
  4. Provision of content or information.
  5. Temporary copy service for the data requested by users.
  6. Providing links to content or search tools.
• WEB LAB FACTORY, at no time, assumes responsibility for any damages or losses that may be caused by information, content, products and services —with a delimiting but not limiting nature— provided, communicated, hosted, transmitted, displayed or offered by third parties outside of WEB LAB FACTORY —including service providers and the information society— through a website that can be accessed through an existing link on the Site.
• The processing and subsequent use of personal data carried out by third parties outside WEB LAB FACTORY, as well as the relevance of the information requested by them.
• The quality and speed of access to the site and the technical conditions that the User must meet in order to access the Site and its services and/or contents.
• WEB LAB FACTORY will not be responsible for delays or failures that occur in the access and/or operation of the services and/or contents of the Site, due to a case of force majeure.

11. Use of cookies and data storage and retrieval devices on Users' terminal equipment

WEB LAB FACTORY uses cookies and data storage and retrieval devices on the User's terminal equipment when the User browses the website.

These cookies and data storage and retrieval devices are used by WEB LAB FACTORY under the conditions and for the purposes described in the Cookie Policy.

For more information on the use of cookies and data storage and retrieval devices, the User must access this specific policy.

12. Nullity and voidability

In the event that any clause of these general conditions or, where appropriate, particular conditions that regulate the use of a particular service and/or content, is voidable or void, in whole or in part, this nullity or voidability will not affect the validity of other clauses of the same, which will remain fully effective and valid, unless the party claiming its nullity or voidability proves that without the clause that is null or voidable, the purposes pursued by these General Conditions of Use cannot be fulfilled and and/or applicable individuals.

13. Applicable Legislation and Competent Jurisdiction

The terms and use of any of the WEB LAB FACTORY Site will be governed and interpreted in accordance with the laws of Spain, and for any dispute arising from the use of this service, the parties expressly submit to the Jurisdiction of the Courts of Girona (Spain).