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Legal Notice

AND DATA PROTECTION. GENERAL CONDITIONS OF USE

The web site www.moviscooters.es (hereinafter “the Web Site”) has been created and is owned by BENGOMAR MOTION S.L. (hereinafter “the company”), registered in the Mercantile Registry of XXXX, Volume XXXX, Book XXXX, Folio XX, Page X XXXX, 1st inscription, with C.I.F B71232292.

The registered office is established, for the purposes of this Legal Notice, at Av. de Sancho El Fuerte 23, 31007 Pamplona – Navarra.

The company welcomes you and invites you to read carefully the General Conditions of Use of this Web Site (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Given that The Company may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order to ensure that the use of the Web Site meets the criteria of transparency, clarity and simplicity, the company informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and solved by contacting the company through the telephone number 948 246 160, or at the e-mail address: info@mhadelynehealth.com.

1. Object

The company provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on personal data processing (hereinafter, the “Data Protection Policy”). Access to this Web Site or its use in any form gives you the qualification of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, and The Company reserves the right to modify them at any time. Consequently, it will be the responsibility of every User, the careful reading of the General Conditions of Use in force in each of the occasions in which accesses this Web Site, so if he does not agree with any of them here arranged, should refrain from using this Web Site.

You are also advised that, on occasion, special conditions may be established for the use of specific content and/or services on the Web Site, the use of such content or services shall imply the acceptance of the special conditions specified therein.

2. Services

Through the Website, it offers Users the possibility to access: its online store selling products related to mobility devices and accessories.

3. Privacy and Data Processing

When it is necessary to provide personal data to access certain contents or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Data Protection Policy section [LINK].

4. Industrial and Intellectual Property

The User acknowledges and agrees that all content displayed on the Website and in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and / or commercial use are subject to intellectual property rights and all trademarks, trade names or logos, all rights of intellectual property on the contents and / or any other elements inserted in the page, which are the exclusive property of the company and / or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding harmless the company from any claim arising from breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless otherwise expressly stated. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by The Company or the third party owner of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by the 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, text, images, textures, graphics and any other content of the Website or, in any case has the corresponding authorization for the use of such elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned Entity.

It is also forbidden to remove, evade and / or manipulate the “copyright” as well as technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set out and to avoid any action that could damage them, reserving in any case The company the exercise of all means or legal actions that correspond to him in defense of their legitimate rights of intellectual and industrial property.

5. Obligations and Responsibilities of the Website User

The User agrees to:

a) Make an appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morality and good customs and (iv) public order.

b) Provide all the means and technical requirements necessary to access the Web Site.

c) Provide truthful information when filling in the forms contained in the Website with personal data and keep them updated at all times so that it responds, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:

a) Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.

b) Accessing or attempting to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to 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) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.

g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtain and attempt to obtain the contents using means or procedures other than those that, as the case may be, 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 that are commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.

i) In particular, and by way of example only and not exhaustively, 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) In any way that is contrary to, undermines or infringes upon the fundamental rights and public liberties recognized in the Constitution, in international treaties and in the rest of the legislation in force.

(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to law, morals, 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 law, morals and generally accepted good customs or public order.

(v) Induces or is likely to induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to engage in practices that are dangerous, risky or harmful to health and psychological balance.

(vii) It is protected by the legislation on intellectual or industrial protection belonging to The Company or to third parties without having been authorized for the intended use.

(viii) Is contrary to the honor, personal and family privacy or self-image of individuals.

(ix) Constitutes any type of advertising.

(x) Include any type of virus or program that prevents the normal operation of the Website.

If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, or to allow access to those services and / or content by outsiders. Likewise, you agree to notify the company of any event that may involve misuse of your password, such as, but not limited to, theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, until you make the above notification, The company will be exempt from any liability that may arise from the misuse of your password, being your responsibility for any illegal use of the contents and / or services of the Website by any illegitimate third party.

If, in a negligent or fraudulent manner, you fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the company as a result of such non-compliance.

6. Responsibilities

The company does not guarantee continuous access, nor the correct visualization, downloading or utility of the elements and information contained in the pages, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

The company is not responsible for any decisions that may be taken as a result of access to the content or information offered.

The company may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Web Site or any of the services offered on it are contrary to these General Conditions of Use. The company is not responsible for damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified. In particular, it shall not be liable for damages that may arise, among others, from:

(i) interferences, 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 any other cause beyond the control of The Company.

(ii) unlawful interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other means.

(iii) improper or inappropriate abuse of the Web Site.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of The Company reserve the right to withdraw, in whole or in part, any content or information present on 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 use by users of the Website. Also, the company is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation services and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of these services, the User may be claimed by the company for the damages caused.

You will defend, indemnify and hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. You also agree to indemnify the company against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Website of The Company, as well as any of its contents, unless expressly authorized in writing by The Company.

The Company’s Website includes links to other websites managed by third parties, in order 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 in a position of guarantor or / or party offering the services and / or information that may be offered to third parties through third party links.

The User is granted a limited, revocable, non-exclusive right to create links to the home page of the Website solely for private, non-commercial use. Websites that include a link to our Website (i) may not imply that The Company recommends that website or its services or products; (ii) may not misrepresent its relationship with The Company or state that The Company has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of The Company; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website address itself, without allowing the website that makes the link 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 request, at any time, that you remove any link to the Web Site, after which you must immediately proceed to remove the link. The company can not control the information, content, products or services provided by other websites that have established links to the Web Site.

Consequently, The Company assumes no liability whatsoever for any aspect relating to such websites.

8. Data Protection

To use some of the Services, Users must first provide certain personal data. To do this, the company will automatically process the Personal Data in compliance with Law 15/1999 of December 13 for the Protection of Personal Data and the RD of development 1720/2007. To do this, the User can access the policy followed in the processing of personal data as well as the establishment of the purposes previously established, as provided in the conditions defined in the Data Protection Policy that presents Website.

9. Cookies

The company reserves the right to use “cookie” technology on the Website, in order to recognize you as a frequent User and to personalize your use of the Website by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data.

Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website, when the User allows their reception. In turn, you can delete the “cookies” for which you should consult the instructions for use of your browser.

Thanks to cookies, it is possible that the company recognizes the browser of the computer used by the user in order to provide content and offer navigation preferences or advertising that the user, the demographic profiles of users and to measure visits and traffic parameters, monitor progress and number of entries.

10. Duration and termination

The provision of the service of this Web Site and other services have in principle an indefinite duration. However, The company may terminate or suspend any of the portal services. When possible, The company will announce the termination or suspension of the provision of a particular service.

11. Representations and Warranties

In general, the contents and services offered on the Website are for information purposes only. Therefore, by offering them, The Company makes no warranty or representation regarding the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

12. Force majeure

The company shall not be liable in any case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

13. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. Any dispute will be resolved before the courts of Pamplona.

In the event that any provision of these General Conditions of Use shall be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, The Company will proceed to modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.

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