Legal Notice and Privacy Police

LEGAL NOTICE AND PRIVACY POLICY

 

General information

In compliance with Article 10 of Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce, Mixta Africa, S.A. (hereinafter “Mixta Africa”) hereby provides the following general information:

  • Name or trading name: Mixta Africa is an entity with registered address in Tavern, 40 4-1, 08021 Barcelona, with Tax Registration number (NIF) A-63831390, and Register details, Barcelona Companies’ Register, Tome 37,511, Folio 80, Page B301753.

For more information about Mixta Africa, please visit mixtafrica.com or contact us via email mixtafrica@mixtafrica.com, or phone +34 934441974.

Users

Access to and/or use of this website www.mixtafrica.com (hereinafter, “the Website”) confers the status of user (hereinafter, the “User”) which entails the unreserved acceptance of the terms and conditions described below (hereinafter, the “General Conditions”), as well as any Specific Conditions which may complement, modify or substitute them either totally or in relation to specific contents or services of this Website.

If there is any discrepancy between the terms and conditions in the General Conditions and those in the Specific Conditions, the terms agreed to in the Specific Conditions will always take precedence with respect to incompatibilities, but only relating to the services and/or contents that are subject to that specific regulation.

It is understood that mere access to or use of the Website by the User implies acceptance of these General Conditions that are published on the Website. Therefore, the User is recommended to read carefully the General Conditions at each time.

Use of the Website

Generally speaking, access to and use of the Website is free of charge for Users and does not require prior registration.

mixtafrica.com provides access to a wealth of information, services, programs or data (including, but not limited to, images, sounds, audio, video, software and texts; brand names, logos, colour combinations, structure and design, the selection of materials used, the computer programs necessary to operate, access and use it, etc.) (hereinafter, “the Content”) on the Internet belonging to Mixta Africa or third parties. The User is responsible for its use of the website. This responsibility extends to any registration that may be necessary to access certain website services or Content. In undertaking such registration, the User shall be responsible for providing truthful and lawful information. As a consequence of this registration, the User may be provided with a Password for which they shall be responsible, undertaking to make diligent and confidential use of it.

The User undertakes to use this Website and its services and Contents diligently and act in good faith, abiding by current legislation, generally accepted uses and public order. Similarly, it is prohibited to use the Website for purposes that are illicit or harmful to Mixta Africa or any third party, or which in any way damage or impede the normal operation of the Website.

With regard to the Contents (information, texts, graphics, sound and/or image files, photographs, designs, etc.), it is forbidden:

  • To distribute, reproduce, or modify them without the authorisation of the legitimate owner unless it is legally permitted.
  • To infringe any of the rights of Mixta Africa or those of the legitimate owners.
  • To use them for any kind of commercial or advertising purposes other than those expressly authorised.
  • To attempt to obtain Website Contents by any other means than those placed at the disposal of Users and those which are habitually used on the Internet, and so long as no damages whatsoever are caused to the Mixta Africa Website.

Similarly, Mixta Africa informs this Website’s Users that these General Conditions can be adapted or modified at any time without previous notification. Consequently, the User will have to read and to accept these General Conditions at every time he/she wants to use this Website.

Data Protection

Any information sent to Mixta Africa through forms or data collection devices available on the Website, will be kept confidential and, to the extent involving personal data, this information will be handled according to the provisions of the current legislation on data protection, especially in the provisions of law 15/1999, of December 13, Protection of Personal data (“LOPD”) and the regulations that develop. Mixta Africa processes personal data in order to manage the relationship with Users and, where appropriate, carry out a proper management of the services provides through Mixta Africa.

In any case, the personal data holders may exercise their rights of access, rectification, cancellation, and opposition by sending an email to mixtafrica@mixtafrica.com or at the following address:

Mixta Africa

Tavern, 40 4-1

08021 - Barcelona

Website Contents

The Contents of this Website have been put together to provide Users with information on Mixta Africa and Group's companies. Nevertheless, this information is provided generically and for guidance purposes, and it may occasionally contain errors or fail to be completely up-to-date despite Mixta Africa's best efforts to avoid this. For this reason, Users of the Website in general and, in particular, shareholders or clients of these companies, are advised that before they take any kind of decision based on the Contents of this Website they should check this information and, where necessary, seek further details from the Company's head office on Calle Tavern, 40, 4º1ª 08021 Barcelona, and/or at the relevant public Registries. The information that Mixta Africa and the Group's companies are obliged by law to make available to consumers and users can be found at the Company's head office; therefore the information on this Website is, as mentioned earlier, generic and for guidance purposes.

Exclusion of warranties and liabilities

Mixta Africa does not offer any warranty and is not liable under any circumstances for damages of any kind that may be caused by:

  • The lack of availability, maintenance or efficient, failure-free operation of the Website in general and/or its specific services and Contents in particular.
  • The veracity, accuracy, exhaustiveness or topicality of the Website's Contents.
  • The lack of usefulness, suitability or validity of the Website and/or its services and Contents to satisfy the needs, activities, specific requirements or expectations of Users.
  • The presence of viruses or the malicious or harmful content of programmes that may lead to distortions in Users' computer systems.
  • The reception, procurement, storage, dissemination or broadcast of the contents by Users.
  • The illicit, negligent or fraudulent use of the Website, its services or Contents by Users in breach of these General Conditions or contrary to good faith, generally accepted uses and public order.
  • The unlawfulness or lack of quality, accuracy, usefulness and availability of services provided by third parties and placed at the disposal of Users of the Website.
  • The failure of third parties to meet their obligations or commitments with regard to the services provided to Users of this Website.
  • Any possible discrepancies which may temporarily arise between the printed version of documents and the electronic version published on the Website.
  • The suspension, interruption or termination of access to the Website and the Contents and services therein.

 The User understands and readily accepts that he/she is at all times responsible for the use of the Website and its contents and service, and therefore he/she will adopt whatever measures are necessary to minimise risks, including the adoption of whatever security measures may be necessary to guarantee antivirus and data recovery procedures. Therefore unless expressly stated to the contrary by law, and exclusively within the remit and to the extent to which that law obliges it, Mixta Africa cannot guarantee or accept any responsibility for access to and use of this Website and the services and/or contents therein.

Links to other Websites

Website Users can find links to other websites through different links, banners, etc… whose management corresponds to third parties. Furthermore, Mixta Africa assumes no responsibility for any aspect relating to the websites of third parties to which the Website has established any link.

In any case, the User of Mixta Africa Website shall be liable for the damage or loss of any kind that Mixta Africa may suffer as a result of a breach by the User of the obligations to which they are bound by this General Conditions, or by particular conditions which may apply to them.

Hyperlinks

Establishing any kind of hyperlink between another web page and any of the pages on the Mixta Africa Website is subject to the following conditions:

  • The total or partial reproduction of any of the Contents or services on the Mixta Africa Website is forbidden.
  • No deep-links may be established with the pages on the Website or its services, and a browser or border environment may not be established with Mixta Africa without its express prior authorisation.
  • No false, inaccurate or incorrect statements regarding the pages on the Mixta Africa Website or the services or Contents therein may be made.
  • Except for the characters that form part of the hyperlink, no brand name, trade name sign, commercial name, logo, slogan or other distinctive marks belonging to Mixta Africa may be included on the web page where the link is established without the express authorisation of Mixta Africa.
  • Establishing a hyperlink does not imply a relationship of any kind between Mixta Africa and the owner of the website or portal from which the link is established, nor does it imply Mixta Africa's knowledge or acceptance of the services or contents offered by that portal.
  • Mixta Africa cannot accept any responsibility for the contents or services made available to the general public on the website or page from which the hyperlink originates, nor for any information or statements appearing on that site.
  • Any hyperlink to the Mixta Africa Website should originate from the homepage or main pages of the sections that contain it.

Similarly, those third parties with the intention to include in a Website a hyperlink to direct to the Website have to be authorised by Mixta Africa and have its previous, express and written consent. These authorisation and consent can be retired by Mixta Africa at any time, without the necessity of being motivated.

Duration and unilateral modification

This Website and its related services are provided for an indefinite period of time. Notwithstanding the foregoing, Mixta Africa may, at any time and without prior notice, unilaterally modify the design and structure of the Website and also modify or remove its services and Contents and the conditions for accessing and/or using it.

Intellectual Property

This entire Website and the elements it contains (including, but not limited to, images, sounds, audio, video, software and texts; brand names, logos, colour combinations, structure and design, the selection of materials used, the computer programs necessary to operate, access and use it, etc.), are duly protected by intellectual and industrial property laws.

Access to this Website does not give users any rights or ownership over the intellectual and/or industrial property rights of the Contents housed on this Website. Users pledge to respect the intellectual and /or industrial property rights of Mixta Africa and/or the companies in the group. Users may view the elements on the Website and even print, copy and store them on a computer hard disk or any other physical support, so long as this is solely and exclusively for personal and private use. It is totally prohibited to transform, distribute, communicate, publish, make available or make any other type of use of the contents, or to modify, alter or decompile them. Users should refrain from deleting, altering, evading or manipulating any protective device or security system that has been installed on this Website.

The legitimacy of intellectual and industrial property rights over the contents provided by third parties to this Website belong exclusively to them.

Mixta Africa reserves the right to take whatever legal action it may be entitled to against Users who violate or infringe the intellectual and/or industrial property rights of this Website.

Commercial communications

In accordance with the Article 21 of the Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce (hereinafter, the “LSSI”), accepting these General Conditions, the user authorises expressly Mixta Africa to send commercial, promotional or advertising communications by e-mail or another written communication way that User provides. If he/she doesn’t want to receive these commercial communications, he/she can communicate his /her decision freely to Mixta Africa to exercise his/her rights of access, rectification, cancel and opposition. Acceptance of sending commercial information is always revocable, and without a retroactive effect, in accordance with Article 22.2 of the LSSI.

Safety measures

Mixta Africa informs that it has implemented technical and organisational safety measures needed to guarantee the security of personal detail and to prevent their alteration, lost, processing and /or no authorised access, keeping in consideration the technology status, the nature of data stored and the risks they are exposed to, whether because of human action or of physical or natural way. All this, in accordance with Article 9 of the LOPD and with its regulation of development applicable to safety measures concerning files of personal details.

Applicable Law and Competent Jurisdiction

This Website is operated and controlled by Mixta Africa from its offices in Barcelona. Consequently, any matters that may arise from the access and/or use of this Website will be governed and interpreted in accordance with Spanish legislation and the Courts and Tribunals of Barcelona.

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