GENERAL CONDITIONS OF USE OF THE JAYLO TRANSPORTE & LOGÍSTICA WEBSITE
Through this document the General Conditions of Use are established by the USERS that access the website (www.jaylo.eu) owned by Trans Jaylo S.A. (hereinafter, the PROVIDER), with CIF / NIFA-31532401, with address at Polígono Industrial La Serna Street C, Nave 6-16. Access to the website of the PROVIDER implies without reservation the acceptance of these General Conditions of Use by the USER, who declares to be of legal age, have sufficient capacity to contract and have read, understood and accepted these Conditions.
1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE USER
The present General Conditions Use, like the General Contracting Conditions of the different services that are made available to the user on the website of the PROVIDER (www.jaylo.eu) (hereinafter, the website), are exposed with character permanent on the website, all users can archive, print and, therefore, be previously informed of the conditions of use of the site as well as the contracting conditions under which the different services will be provided. Any subsequent modification of these General Conditions, or of the General Conditions of Contract of the services, will be notified to the USER fifteen days in advance, clearly exposing them in a place of easy access in the web site. All the aforementioned documentation may be printed and filed by the USER, who may request it at any time via email firstname.lastname@example.org or by telephone at 948 415 730.
It is not technically possible that the USER may end the registration as a user in www.jaylo.es without the acceptance of these General Conditions having taken place. The registration as USER entails the sending to this by the PROVIDER of a user password and password to access the exclusive, private and secure area of the USER from which he will make the specific requests for services that he wishes to contract and which will be governed by turn by their specific General Contracting Conditions. Also, these General Conditions are repeated each time a USER makes a specific request for service through the website, so that the USER must accept them by clicking "I read and accept the Conditions" in the corresponding form.
Regarding the contracting of services that the USER is performing, the PROVIDER, at the time of contracting and within a period not exceeding twenty-four hours, sends to the email address, which the USER has specified in the registration form user as main contact way, delivery note or invoice with description of the contracted service, cost -with breakdown of taxes if applicable- and period for which it is contracted to confirm the request for services.
2.- OBJCT OF THE SITE
The website of the PROVIDER has been made to provide professional Internet services and thus facilitate access by USERS to all the information on the characteristics of the same, on the entity itself the PROVIDER and on other complementary information that the PROVIDER includes directly or through the corresponding links. From the website of the PROVIDER users can contract and manage the services offered.
3.- CONDITIONS OF ACCESS AND USE
The use of the website www.jaylo.eu does not entail the obligation of registration or registration of the USER. This registration will only be necessary to contract services through the introduction of certain data in a USER registration form where the present General Conditions of use are repeated (see clause 1). The conditions of access and use of the website of the PROVIDER are strictly governed by current legislation and by the principle of good faith, the USER committing to make good use of the website. All acts that violate the legality, rights or interests of third parties, the right to privacy and honor, data protection, intellectual property and ultimately any action that may constitute unlawful conduct are therefore prohibited. Specifically and without limitation, the PROVIDER prohibits the following:
- Perform actions that may produce on the website or through it, by any means, any type of damage to the systems of the PROVIDER or to third parties.
- Perform without due authorization any type of advertising or commercial information directly or covertly, by sending mass unsolicited emails (spamming) or sending large messages in order to block network servers (mail bombing). The PROVIDER receives from different impartial organizations that fight against the use of this type of practices, notifications when a USER of the PROVIDER sends massively unwanted mail. In case the PROVIDER receives these notifications, he will let the USER know so that he immediately ceases these bad practices. The PROVIDER will not enter to assess if the addresses to which the USER has sent unsolicited mail were obtained with the consent of its owner but will act as long as an organization dedicated to the fight against these activities so notify it - these organizations receive complaints from people who receive unsolicited emails- and therefore if the USER does not abandon the use of these practices, the PROVIDER will immediately cancel the service and resolve this contract reserving the exercise of as many legal actions as are appropriate to defend their interests.
- Use programs designed to cause problems or attacks on the network.
- Try to test the security of the servers by making any type of input or action that is not strictly necessary for the enjoyment of the service by the user.
- The LENDER may interrupt at any time access to your website if it detects a use contrary to legality, good faith or these general conditions (see Clause 6).
The contents incorporated in the website of the PROVIDER have been prepared and included by:
- The entity itself the PROVIDER using internal and external sources, in such a way that the PROVIDER is only responsible for the contents elaborated internally
- The USERS, through collaborations or voluntary introduction of contents, being these the only ones responsible for them and being expressly exempt from the LENDER of any responsibility that may derive from them.
- Individuals and legal entities outside the PROVIDER, either through collaborations that are inserted directly on the website, or through links, being these solely responsible for the contents thus introduced and the LENDER being expressly exempt from any liability in the terms specified by Spanish legislation.
In addition, through the website of the PROVIDER, products and services are made available to the USER, both from the PROVIDER and from third parties, destined to be commercialized and that will be subject to the General and Particular Conditions of each one of them. The PROVIDER does not guarantee the veracity, accuracy or timeliness of the contents related to the services offered by third parties and is expressly exempt from any type of liability for damages that may arise from the lack or errors in the characteristics of the services can offer these third parties.
The USER who wishes to establish a hyperlink on its website to the website of the PROVIDER will not make illegal use, or contrary to good faith, of the information, services or products made available on the aforementioned website. Specifically, the USER who enters a hyperlink to the website of the PROVIDER on its own website, undertakes to:
- Not destroy, damage or alter in any way the contents, services or products made available to the USER on the website of the PROVIDER.
- Not to declare that the PROVIDER assumes the supervision of the hyperlink or the contents of the USER's own website. The PROVIDER will in no case be responsible for the contents or services of the USER's website where a hyperlink to the website of the PROVIDER is included.
- Not include on its own website the brand, commercial name or any distinctive sign belonging to the PROVIDER without the previous authorization of this.
5.- RESPONSIBILITY OF THE PROVIDER
The PROVIDER will not be responsible for errors, delays in access, delays in the system or any anomaly that may arise in relation to general problems in the Internet, causes of unforeseeable circumstances or force majeure or any other completely unpredictable contingency and therefore alien to the good faith of the company. The PROVIDER agrees to try to solve these incidents by putting all the means at their disposal and offering all the necessary support to the USER to solve the incidents in the quickest and most satisfactory way possible. Also, the PROVIDER will not be responsible for the failures that for these causes may occur in communications, deletion or incomplete transitions, so that does not guarantee that the website is at all times operational when it is due to issues not attributable to the PROVIDER or that he can not resolve with the means at his disposal. The USER exempts the LENDER from any responsibility if any of these causes begins to occur.
The PROVIDER will not be responsible in any case for errors or damages caused by the inefficient use and bad faith of the service by the USER. Neither will the LENDER be responsible for major or minor consequences due to lack of communication between the PROVIDER and the USER when it is attributable to the non-functioning of the e-mail provided or to the falseness of the data provided by the USER in his user record at www. jaylo.eu
The PROVIDER assumes the responsibilities that may arise from the provision of the services offered within the limits and as specified in the different General Conditions of Contracting of the services that are made available to the USER.
6.- RESPONSIBILITY OF THE USER
The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial uses. The PROVIDER is empowered by means of the present General Conditions of Use, from the moment in which he / she has reliable knowledge of the realization by the USER of any action or illegal use in general, to inform the competent authorities of these circumstances and cancel the USER or restrict access to the website of the PROVIDER. The USER will be solely responsible for any claim or legal action, judicial or extrajudicial initiated by third parties directly harmed by the USER before courts or other bodies, assuming all expenses, costs and compensation to those who, if necessary, must do against the PROVIDER if the claim is directed against it. Likewise, the PROVIDER will collaborate and notify the competent authority of these incidents at the moment in which he / she has reliable knowledge that the damages caused constitute any type of illegal activity, especially in the field of contents introduced by the USER that may violate legitimate rights or interests. of the PROVIDER or of third parties.
The PROVIDER, in case of receiving any type of communication from a third party about the alleged illegality of any content or activity carried out by a USER of the services of the PROVIDER and, as long as this communication is received so that the caller it is identified correctly, it will proceed to put it in the knowledge of the USER and, in case the activity is manifestly illicit, it will proceed to block the service in question. For this activity to be manifestly illegal, this illegality must be unequivocal for anyone who accesses these contents. In specific cases such as copyright or slander and slander the PROVIDER can not enter to settle if the USER has the right to show these contents or if they are constitutive of insults or slander being only the competent authority who can reliably indicate this illegality and, therefore, order the cessation of service.
The USER will be responsible for the security and confidentiality of all keys with which he accesses his private area - which are granted when registering as a USER - to perform the contracting of the different services, keeping them in a safe place in order to prevent access to unauthorized third parties.
The USER is responsible for performing all actions that are required with due diligence. With special character, the USER must be diligent in what refers to the updating and veracity of his personal data, fundamentally of the electronic mail indicated in the USER registration form as the main way of contact with the PROVIDER (see clause 8) .
The PROVIDER and the USER agree to communicate and notify each other of the incidents that occur throughout the validity of the different services that may have contracted, preferably and prior to any other means of communication, by email. The LENDER's email for these communications will be email@example.com and that of the USER will be the one provided in the user registration form of the PROVIDER at www.jaylo.eu. The USER undertakes to have this email operative, and to modify it from his private area if necessary, to continue receiving the communications. In any case, should any urgent problem or failure in the previous communication occur, the communications will be made by telephone, fax, mail, courier or any other system suitable for the purpose pursued. However, the preferred means of communication is that of electronic mail, the LENDER being exempt from any type of liability that may arise from the lack of consultation or error in the electronic mail provided by the USER. Each of the parties will be responsible for the custody and custody of the copies of the communications that are made.
8.- COPYRIGHT AND TRADEMARK
The use of others, by any means, of the brand (s) of the PROVIDER, which includes both the name and the logo, is prohibited, unless expressly agreed in writing by the PROVIDER. All rights reserved. In addition, the website of the PROVIDER - the own contents, the programming and the design of the website - is fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the said protected elements, except for express and in writing from the PROVIDER.
9.- JURISDICTION AND APPLICABLE LAW
These General Conditions are governed by Spanish legislation. Specifically, they are subject to the provisions of the following regulations: Law 7/1988 of April 13, on General Conditions of Contract; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; Royal Decree 1906/1999 of December 17, 1999, by which the Telephone or Electronic Contracting is regulated with general conditions; Organic Law 15/1999 of December 13, on Protection of Personal Data; Law 7/1996, of January 15, on the Regulation of Retail Trade; Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce; Law 16/2009, of November 13, on payment services; as well as any other standard that develops or modifies them. These Conditions will always be applicable together with the Conditions that regulate the specific service that is contracted.
For the resolution of any controversy or conflict that derives from these General Conditions, the Courts and Tribunals of Tudela will be competent, the USER expressly renouncing any other jurisdiction that may correspond to him.
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. This contract is made only in Spanish. The PROVIDER may not exercise any of the rights and powers conferred in this document, which does not imply in any case the waiver of the same, unless expressly recognized by the PROVIDER. These General Conditions are registered in the General Registry of Contract Conditions to grant transparency and security to the entire process.