Legal notice

1. Identification of the parties

The Legal Notice is entered into, on the one hand, by ICONIKA and, on the other hand, by the end user interested in the services offered through the Website (hereinafter, the “User”), whose personal data is that which they have provided on the Website and/or that derived from any prior relationship with ICONIKA.

Access to and/or use of this Website grants the person the status of User, who accepts, from the moment of such access and/or use, the Legal Notice and the terms and conditions of use set out herein. The Legal Notice shall apply irrespective of the General Contracting Conditions that, where applicable, may be binding.

2. Purpose and scope of application

This Legal Notice governs access to, browsing of and use of the Website by the User.

By accessing and/or using the Website, the User accepts ICONIKA’s terms and conditions of use and does so at their own risk. The User undertakes to use the content, information and data on the Website in accordance with this Legal Notice, with the other policies accessible through the Website, with applicable regulations, with generally accepted good practices and with public order.

3. Availability of the Website

The Website is available to all Users who have internet access.

ICONIKA makes every effort to keep the Website available at all times. However, access to the Website is carried out via an internet connection, so its quality and availability may be affected by factors beyond ICONIKA’s reasonable control.

ICONIKA is not liable for the unavailability of the Website, for the impossibility of and/or difficulties in downloading or accessing its content, nor for any other failure in the communication system that may prevent its availability.

4. Access to and use of the Website

4.1. Access to the Website: access to and use of the Website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by each User. Access to the Website, as well as any unauthorised use that may be made of the information contained therein, is the sole responsibility of the person who carries it out.

4.2. Use of the Website: the User assumes responsibility for the use of the Website. ICONIKA shall not be liable for any consequence, damage or loss that may arise from such access, use or from the breach of this Legal Notice, nor shall it be liable for any security errors that may occur or for any damage that may be caused to the User’s computer system and/or mobile operating system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s device used to connect to the services and/or products offered by ICONIKA through the Website; (ii) a malfunction of the browser; and (iii) the use of outdated versions thereof.

5. Rules on the use of the Website by users

ICONIKA reserves the right to block the User’s access, and may terminate this contract. In particular, blocking may be carried out where a breach of any of the contractual obligations assumed herein is detected, as well as where use of the Website contrary to this Legal Notice, the Privacy Policy, the Cookies Policy and/or the good-faith practices accepted in the sector is observed.

In this regard, the User undertakes to:

Provide truthful information about the data requested in the forms provided by ICONIKA for access to certain content or services offered through the Website, and to keep it up to date. ICONIKA reserves the right, without prejudice to other legal measures available to it, to withdraw, deny or suspend access to the Website in the event that the data provided is or may be false, inaccurate or misleading. In any case, the User shall be fully responsible for the data or content they transmit or communicate to ICONIKA. In this regard, the User assumes responsibility for any damage that may arise from improper use thereof.

Not use the Website or any of the elements comprising it to carry out time-sharing operations, to become an application service provider insofar as they are aimed at enabling third-party access to the platform or to any of its components, through rental operations, administrative services or any other of similar nature, sharing them or making them available to third parties.

Not use the Website to collect personal data of other Users.

Not use the Website as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, or in breach of copyright and/or industrial property rights.

Not carry out acts of reverse engineering, requirements gathering or other activities aimed at developing an online platform identical or similar to the one made available by ICONIKA, as such activity may be considered an act of unfair competition and an infringement of the intellectual and industrial property rights that ICONIKA holds over the Website.

Not subject the Website to workloads clearly aimed at destabilising it, including denial-of-service (DDoS) attacks or similar situations. Should this type of situation be detected, the service level indicated above shall not apply, as it will be considered an emergency situation.

Not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that ICONIKA, as the legitimate holder of the rights, incorporates into its property in matters of intellectual or industrial property (for example, copyright, ©, ® and TM), whether on the platform itself or in the associated material.

Not cause damage to the physical and logical systems of ICONIKA, its suppliers or third parties; nor introduce or spread computer viruses or any other physical or logical systems capable of causing the aforementioned damage.

Inform ICONIKA of any event or situation that may have occurred and that could jeopardise the security of access by authorised users.

Not impede the normal running of any event, contest, promotion or any other activity available through the Website, whether by altering or attempting to alter, illegally or in any other way, access to, participation in or the operation thereof, or by falsifying the results thereof and/or using fraudulent participation methods, through any procedure and/or through any practice that attacks or breaches this Legal Notice in any way.

Refrain from using the content of the Website for unlawful or prohibited purposes or effects, or purposes contrary to those established herein, that are detrimental to the rights and interests of ICONIKA, other users or third parties, or that may in any way damage, disable, overload or impair this Website or prevent its normal use or enjoyment by users.

Refrain from forcing security failures or breaches on the Website.

6. Links to other websites

This Legal Notice does not apply to the links and/or third-party websites that may be accessed through the Website. Nor do the Privacy Policy and the Cookies Policy present on the Website apply to third-party websites.

Should the User access other networks or computer resources, they agree to submit to the corresponding privacy policies. Consequently, ICONIKA is not responsible for either the content or the security measures adopted by them.

Likewise, the absence of viruses or other elements in the linked content from the Website that may cause alterations to the computer system (hardware and software), documents or files of the User is not guaranteed either, with ICONIKA being excluded from any liability arising from damage of any kind caused by all of the foregoing.

In any case, ICONIKA shall immediately remove any link where the content to which it redirects may contravene national or international legislation, morality or public order. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

7. Exclusion of warranties and liability

ICONIKA does not guarantee the permanent availability of the services offered on the Website, although it will make its best efforts to ensure their regularity and proper functioning. To this end, ICONIKA declares that it has adopted and will adopt all necessary and reasonable measures, within its capabilities and the state of technology, to ensure the correct functioning of the Website.

Notwithstanding the above, ICONIKA assumes no liability for any loss that may arise from disconnections, interference or interruptions that may occur in accessing or browsing the Website, nor for any damage that may arise for the User or third parties from the existence and spread of computer viruses or other harmful elements.

ICONIKA also assumes no liability for any errors or omissions that may exist in the content of the Website, nor for any actions the User may take on the basis of such content.

8. Modification of the Legal Notice

ICONIKA reserves the right to make, without prior notice, such modifications as it deems appropriate to this Legal Notice, it being the User’s responsibility to read it carefully each time they wish to use the Website. ICONIKA may change, remove or add both the content and services provided through it and the way in which they appear presented or located on the Website, informing the User where necessary.

9. Intellectual and industrial property

The User acknowledges and accepts that all industrial and intellectual property rights over the Website, including the content and/or any other elements inserted by ICONIKA on the Website (including, by way of example only and not limitation, all those elements that make up the visual appearance, the graphic image and other sensory stimuli that make up the Website or “look and feel”, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as the source codes), belong exclusively to ICONIKA and/or to third parties who have legitimately assigned their rights to it. For these purposes, the Website shall be understood to mean all those creations incorporated and expressed by ICONIKA by any means and/or tangible or intangible medium, known or yet to be known, that are subject to protection under the regulatory provisions in force regarding intellectual and industrial property.

The mere viewing, printing, downloading or temporary storage, whether in whole or in part, of the content and/or elements inserted by ICONIKA on the Website is authorised exclusively for the User’s personal, private and non-profit use, provided that, in any case, the origin and/or author thereof is indicated and that, where applicable, the copyright symbol and/or the industrial property notices of their holders appear. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by ICONIKA or the third-party holder of the affected rights.

The use of these elements, their total or partial reproduction, communication and/or distribution for commercial or profit-making purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website and the image rights of which ICONIKA holds the exploitation rights, is strictly prohibited. For any use other than those expressly permitted, the prior written consent of the holder of the rights in question must be obtained.

This Legal Notice does not confer on the User any right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by ICONIKA or the third-party holder of the affected rights.

Without prejudice to the foregoing, if the User considers that any content on the Website may infringe intellectual and industrial property rights, we ask that they inform us as soon as possible by sending an email to dpd@xarxafarma.com, REF: “Aviso Legal Web”.

10. Data protection

ICONIKA complies with the provisions of Regulation (EU) 2016/679 General Data Protection Regulation (hereinafter, “GDPR”), Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, “LOPDGDD”), Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter, the “LSSICE”) and the other regulations in force at any given time, and ensures the correct use and processing of the User’s personal data.

For this reason, the Privacy Policy provides information on who the data controller is, the purpose of the processing, the type of data, the retention periods, communications of data to third parties, the possibility of exercising the rights of access, rectification, erasure, objection and withdrawal of consent, among others.

For more information on the processing of your personal data, you may consult our Privacy Policy at the foot of the Website.

11. Communications

ICONIKA will contact the User by email or will provide information by posting notices on the Website. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that any contract, notification, information and other communications that we send electronically meet the legal requirements.

Communications that the User sends to us shall preferably be made by email to the address dpd@xarxafarma.com. You may also send a written communication for the attention of ICONIKA to the address Mestre Francesc Civil, 8, baixos pta C (17005 – Girona), REF: “Web ICONIKA”.

12. Applicable law and competent jurisdiction

The regulations in force shall determine the laws that are to govern and the jurisdiction that is to hear disputes concerning the relations between ICONIKA and the User.

Notwithstanding the above, in those cases where such regulations in force provide the parties with the possibility of submitting to a specific jurisdiction, ICONIKA and the User, expressly waiving any other jurisdiction that may correspond to them, submit to Spanish legislation and to the Courts and Tribunals corresponding to ICONIKA’s registered office.