Terms and Conditions - Festinger CLUB

This legal notice regulates the use of the telematic services and websites that the Spanish non-profit organisation ACAOnline (nºRNA 171695Sec.1ª) makes available to users, and is complemented as a whole by the “Privacy Policy” and the “Cookies Policy“.

Contents:

General terms and conditions

Access to and use of its websites attributes the condition of user, and implies full acceptance by users of these conditions of use, as well as those particular conditions that are established for certain services that complement these, undertaking to use the website and services in accordance with the law, this Legal Notice, the particular conditions of certain services and other notices, regulations and instructions made known to them, as well as morality and generally accepted good customs and public order.

The pages may be visited freely by users, excluding those that are in closed areas, or that require registration in a user register, which implies the completion of the corresponding user registration, which shall be carried out in the manner expressly indicated in the service itself or in the particular conditions that regulate it.

All information provided by the user through the services must be truthful. To this end, the user guarantees the authenticity of all data provided as a result of the use of certain services. Similarly, it shall be the user’s responsibility to keep all the information provided permanently updated so that it corresponds at all times to the user’s real situation, and ACAONLINE shall not be liable for any damages that may be caused to third parties as a result of the information provided.

To this effect, the user will abstain from using any of the services for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties that may in any way damage, render useless, overload, deteriorate or impede the normal use of the services, computer equipment or documents, files and all types of content stored in any computer equipment (‘hacking’) of ACAONLINE, of other users or of any Internet user (hardware and software).

In particular, and merely as a guideline, not exhaustive, 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:

(a) in any way is contrary to, disparages or infringes fundamental rights and public freedoms recognised constitutionally, in international treaties and in the rest of the legislation;
(b) induces, incites or promotes criminal, denigratory, defamatory, defamatory, violent or generally contrary to the law, generally accepted morals and good customs or public order;
(c) induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
(d) 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 the law, morals and generally accepted good customs or public order;
(e) induces or is likely to induce an unacceptable state of anxiety or fear;
(f) induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium;
(g) is false, ambiguous, inaccurate, exaggerated or untimely, so as to mislead or be likely to mislead as to its subject matter or as to the intentions or purposes of the communicator;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make;
(i) violates the business secrets of third parties;
(j) is contrary to the right to honour, to personal and family privacy or to one’s own image;
(k) in any way undermines the reputation of ACAONLINE or third parties;
(l) infringes the regulations on secrecy of communications;
(m) constitutes, where appropriate, unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;
(n) incorporates viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of ACAONLINE, or third parties, or that may damage the electronic documents and files stored in said computer equipment or cause, due to their characteristics (such as format, extension, etc.), difficulties in the normal operation of the service;
(o) contains programming code, HTML tags or any computer language other than that expressly authorised by ACAONLINE.

The user undertakes to make correct use of the contents made available on the web site, these being understood to include, but not be limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as their graphic design and source codes, in accordance with the law, this legal notice, the specific conditions of certain services and other notices, regulations, use and instructions brought to your attention, as well as with generally accepted morals and good customs and public order, and in particular you undertake to refrain from:

(a) reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless authorised by the holder of the corresponding rights or it is legally permitted to do so.
(b) delete, manipulate or in any other way alter the copyright and other data identifying the reservation of rights by ACAONLINE or its owners, or any other technical means established for their recognition.
(c) obtain or even attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose, or which have been indicated for this purpose on the web pages where the contents are to be found or, in general, those which are normally used on the Internet.

Users, and all those persons who intend to establish a hyperlink between their web page or portal and the website must comply with the following conditions:

(a) the hyperlink shall only allow access to the website, and may not reproduce it in any form;
(b) no frame shall be created over the web pages of the website;
(c) no false, inaccurate or incorrect statements or indications shall be made about the web pages of the website and the services provided;
d) it shall not be implied in any way that ACAONLINE has authorised the hyperlink, or that it has in any way assumed the services offered or made available from the web page on which the hyperlink is established;
(e) with the exception of those signs that form part of the hyperlink itself, the page on which the hyperlink is established shall not contain any distinctive sign, of those recognised by current legislation, of which ACAONLINE is the owner, unless it has been expressly authorised by ACAONLINE;
(f) the web page on which the hyperlink is established shall not contain any content contrary to the rights of third parties, nor shall it contain any information or content that is illicit, contrary to morality or generally accepted good customs and public order;

Industrial and Intellectual Property

The whole of this website: text, images, source codes, style sheets, trademarks, logos, audio and video files, buttons, software files, colour combinations, as well as the structure, selection, arrangement and presentation of its contents are the property of ACAONLINE or third parties, and are protected by Spanish and international laws on Industrial and Intellectual Property. Likewise, and without prejudice to the aforementioned, the content of the website is considered to be a computer programme and all current Spanish and European Community legislation on the subject is applicable to it.

By virtue of the fact that the user accesses the website, none of the exploitation rights that exist or may exist over said uses beyond those strictly necessary for the correct use of the website may be understood to have been transferred to the user.

Liability

ACAONLINE excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to:

(a) the presence of viruses, or the presence of other elements in the contents that may cause alterations to the computer system, electronic documents or user files;
(b) the transmission, dissemination, storage, availability, reception, obtaining or access to the contents;
(c) lack of availability or continuity of the functioning of the website and the services, the lack of usefulness that users may have attributed to the website and the services, the fallibility of the website and the services, and in particular, although not exclusively, failures in access to the different web pages of the site or those from which the services are provided;
(d) the correct functioning of technical linking devices (such as, among others, banners and buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties. The sole purpose of the installation of these technical devices is to facilitate users’ search and access to information, content and services available on the Internet;
(e) the quality, legality, reliability and usefulness of the information, contents and services existing on the linked sites;
(f) the use of the services and contents by users, or that may be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the information that users provide to other users;

In general, and without limitation, ACAONLINE:

(a) shall not be liable for any damages or losses arising from access, use or misuse of the contents;
(b) reserves the right to update, modify or delete the information contained in its web pages and may even limit or deny access to such information;
(c) is not responsible for any ethical, moral or opinionated discrepancies that may arise;
(d) prohibits the copying, redistribution, commercialisation or any other activity that may be carried out with the contents of its web pages, not even quoting the sources, except with the written consent of the author;
(e) is not responsible for the veracity of the information, even if it is of its own creation or of which another source is indicated, and therefore does not assume any responsibility for any hypothetical damages that may arise from the use of said information. The information should be considered by the user as an introduction, and cannot be considered as a decisive element for making decisions.
(f) does not warrant that the results that may be obtained from the use of the service and products will meet your specific requirements.

The user is responsable for:

(a) maintaining the confidentiality of their account and password, including restricting access to their computer and account.
(b) all activities or actions that occur with their account or password, whether the password is for our service or a third-party service.
(c) notify ACAONLINE immediately upon becoming aware of any security breach or unauthorized use of their account.
(d) not use the name of another person or entity as a username, or a name that is not legally available for use, a trademark subject to any rights of another person or entity other than themselves, without proper authorization.
(e) not use as a username any name that is offensive, vulgar, or obscene.
(f) warrant that possess the legal authority to use the credit card or alternative payment method in connection with any purchase.

ACAONLINE reserves the right to suspend the services when it deems appropriate, and in particular to those users who infringe the provisions of this legal notice.

ACAONILE reserve the right to refuse or cancel any order at any time, citing reasons such as unavailability of the product or service, inaccuracies in the description or price of the product or service, errors in your order, or other reasons. Orders may also be refused or cancelled if there is suspicion of fraud or unauthorized or unlawful transactions.

Refund and return policy

The user has 30 days to cancel an order and obtain a refund, as long as the account creation has not been completed. Since our products are digital downloadable, we cannot accept returns once the download has been completed.

We offer ongoing support to resolve any issues you may encounter with our products after purchase.

If you experience technical problems, contact us and we will do our best to solve them. If we are unable to resolve the problem, we will evaluate refunds on a case by case basis.

Notifications

All notifications made by a user or third party to ACAONLINE will be considered effective as long as they are addressed in any of the following ways:

Sending by e-mail to info (@) festinger (dot) club
Sending through the contact form on the web site.
By registered mail to P.O. Box 898, 03203 Elx.

ACAONLINE can not ensure proper receipt of notifications. To ensure receipt of the notification should be sent certified mail, or in the case of communication through the form or email expressly request confirmation of delivery and receive it. Only in these cases will ACAONLINE be deemed to have been notified.

Complaints

ACAONLINE is open to dialogue, so please inform us as soon as possible of any problem or discrepancy that you consider so that we can help you (see section “Notifications”), especially before facing the problem or discrepancy with legal proceedings, thus saving costs for public administrations and both parties, as well as speeding up the solution to your problem.

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity in the pages included or accessible through the site, and, in particular, the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and trade names, etc.) or other rights, the notification must contain the following:

(a) personal data of the claimant: name, address, telephone number and e-mail address;
(b) specification of the alleged unlawful activity carried out and, in particular, in the case of an alleged infringement of rights, precise and concrete indication of the protected contents as well as their location on the web pages;
(c) facts or circumstances that reveal the unlawful nature of such activity;
(d) in the case of violation of rights, handwritten signature or equivalent, with the personal data of the holder of the allegedly infringed rights or of the person authorized to act in the name and on behalf of such holder;
(e) express declaration, clear and under the responsibility of the claimant that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the activities described.

Updates

We may update our conditions, so it is necessary that you review this policy periodically and if possible each time you access in order to be properly informed. Notwithstanding the foregoing, we will inform you of any changes that affect the processing of your personal data.