Legal Notice
logo orkli
GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF www.orkli.com

1.- OWNER’S IDENTIFICATION DATA

In compliance with the information duty set forth in section 10 of the Information Society Services and Electronic Commerce Act 34/2002, of 11 July,, we hereby declare that the owner of this Corporate Platform is:

ORKLI S.COOP

Address:Ctra.Zaldibia, s/n 20240 Ordizia (Gipuzkoa)

Tax Number (CIF):ES-F20076758

Registration data:Entered in the Cooperative Register of the Basque Country under number 109/86.

Tel: (34) 943 80 50 30

Fax: (34) 943 80 51 85

E-mail:home@orkli.es



This document describes the General Terms of Use for this WEBSITE portal, owned by ORKLI S. COOP.(hereinafter referred to as ORKLI).

Persons accessing this WEBSITE are considered USERS hereof. This access is subject to the USER previously having read and accepted the terms, conditions, notifications, warnings and all other legal notices contained in these clauses.

Any links to other WEBSITES, and the use made of the same by the USER, are subject to these General Terms of Use and to any other terms that may be specifically required by said WEBSITES.

Any unauthorised use is prohibited.



2.- RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

ORKLI will provide the services offered on this WEBSITE and it will effectively guarantee the confidentiality of any communication that may be made with regard to the USER and respond to any complaints that may arise.



3.- RIGHTS AND OBLIGATIONS OF THE USER

Terms of Use

Users must make proper use of the services provided by this WEBSITE at all times and therefore must not carry out any activities that are unlawful or which may contravene the applicable legislation.

On accepting the terms of use of the Platform, the USER expressly acknowledges that he has read, understood and unreservedly accepted the terms contained in this Legal Notice, assuming the following commitments with regard to ORKLI:

  1. To keep his password secret and to inform ORKLI immediately in case of loss, theft or third-party misappropriation of the User code and/or password, so that it may be cancelled.

  2. To use the means made available to him by the Platform in accordance with the principles of good faith and in compliance with applicable legislation at all times.

  3. The User undertakes to make suitable use of the content and services provided by the Platform and not to use them for any purposes that may be unlawful, harmful or contrary to good faith and/or public order, or in any manner that may damage or alter the service or image of ORKLI or any third parties.

  4. To ensure that all the information supplied to the Corporate Platform is truthful, accurate, complete and adequate. The User assumes exclusive liability with regard to ORKLI and third parties for any information or communication supplied to the Platform.

  5. Not to transform or alter, by any means whatsoever, the content and services offered by the Platform that are not expressly intended for use by the Users, or the browsing system used, undertaking to notify GRUPO ORKLI of any circumstances that could affect the proper functioning of the service.

  6. Not to violate any third-party rights.

  7. Not to cause damage to the Corporate Platform’s hardware and software systems or those of their suppliers or any third parties, and not to transfer or disseminate any computer virus on the Internet or use any other hardware or software systems likely to cause such damage.

  8. To respond to ORKLI or any third parties for any damages caused through misuse of the Platform or supplying it with false, inaccurate, incomplete or outdated data.

  9. Not to perform any action via the services made available to them by ORKLI that may cause damage or alteration of any kind to the WEBSITE’s content.

  10. Not to hinder the correct functioning of the WEBSITE.

  11. Not to cause technical problems of any kind.

  12. Not to transfer any elements likely to carry computer viruses or which may wholly or partially damage, interfere with or intercept this WEBSITE.

  13. Not to intervene in or interfere with the electronic mail of other users.

The USER is expressly authorised to view all the information contained in this WEBSITE and to make private reproductions of the same on his computer system, providing this content is exclusively for his private use and is not transferred to third parties.

4.- USE OF THE CORPORATE PLATFORM

The Platform provides access to a wide range of online information, services, programs and data (hereinafter referred to as “the content”) belonging to ORKLI or its licensors.

For the purposes of using this Corporate Platform, hereinafter referred to as the Platform, ORKLI will assign each User a personal and exclusive password enabling him to access the content and services offered by this Website, as stipulated in these Terms of Use.

Access to restricted areas and/or use of the Platform’s content and services made by means of the password assigned to a User shall be taken to have been made by this User in all cases.

5.- LINKS

No link to the Portal may be made from any other WEBSITE without previous express written consent from ORKLI.

If this WEBSITE should contain links to other portals or WEBSITES not administered by ORKLI, this company hereby declares that it has no control over such portals or WEBSITES and it is not responsible for the content thereof.Any links contained in this WEBSITE are offered solely as references for information, and do not imply any endorsement of the content, owners, services or products of the linked site.

In any case, ORKLI shall have no liability with regard to the services provided by the aforementioned third parties, should any claims or lawsuits of any kind be filed in relation to the same.

If any links or hyperlinks to other websites are contained in the Platform, ORKLI shall exercise no control over said websites and content.

Neither shall the inclusion of such links imply any type of association, merger or holding in the entities linked to.





6.- PRIVACY POLICY.PERSONAL DATA PROTECTION

All data requested via this website is mandatory, as it is necessary to provide an optimum service to the USER.If the data supplied is incomplete, ORKLI does not guarantee that the information and services provided will be entirely in conformity with their needs.

6.1) Personal Data Protection

We inform you that the personal data supplied to ORKLI will be included in a database held by ORKLI, a company specialising in its particular activity, with the following purposes:

  1. To administer customer registration and follow-up procedures, and

  2. To issue invoices and collect payment, and comply with tax obligations.

  3. Other purposes connected to ORKLI’s activity.

  4. To properly manage the tools made available by the Platform and the company itself.

  5. To send marketing and advertising communications by e-mail, fax, SMS, MMS, via social networks or via any other present or future electronic or physical means facilitating marketing communications. Said marketing communications shall refer to products or services offered by ORKLI or by collaborators or partners with which ORKLI has a customer marketing promotion agreement.In this case, the personal data shall never be made available to third parties.The marketing communications shall be made by ORKLI in all cases, and shall refer to products and services connected with ORKLI.

  6. To process orders, requests or petitions of any kind made by the USER via any of the forms of contact made available to him on the ORKLI website.

  7. To send the website newsletter.

This data is required for adequately providing said services, products and solutions.

The information collected by ORKLI via the WEBSITE will be treated in the strictest confidentiality, always in accordance with the stipulations made in the Statutory Act 15/1999, of 13 December, concerning Personal Data Protection (hereinafter referred to as the DPA).

Likewise, you are hereby informed and consent to your data being passed on to ORKLI’s portfolio companies with the exclusive purpose of continuing to provide the aforementioned services.

You are entitled to access, rectify and cancel your personal data or exercise your right of opposition at any time by writing to ORKLI, S.COOP., Ctra.Zaldibia, s/n 20240 Ordizia (Gipuzkoa).

6.2) Security of data processing, computerising and storage

ORKLI hereby represents and warrants that it maintains personal data protection security levels in accordance with Royal Decree 1720/2007, of 21 December, approving the Implementing Regulation of Statutory 15/1999, of 13 December, concerning personal data protection (hereinafter referred to as the DPAR), and that it has implemented all the technical and organisational measures within its power to guarantee the security of the personal data and prevent loss, misuse, unauthorised access or theft of the data supplied by the USER.

6.3) Rights of Access, Rectification, Cancellation and Opposition

ORKLI is responsible for all the data compiled in the different sections of its WEBSITE.If you wish, you may exercise your rights of access, rectification, cancellation and opposition as stipulated in the DPA at any time, by writing to ORKLI, S.COOP. At Ctra.Zaldibia, s/n 20240 Ordizia (Gipuzkoa).

7.- INDUSTRIAL AND INTELLECTUAL PROPERTY

ORKLI is the owner of the intellectual property rights to both this WEBSITE and the different elements contained therein, unless it is indicated on the same that they belong to another owner, in which case their owners hold the exclusive right to their reproduction, distribution, communication and modification.

The design, images, maps, graphs, brand names, headings, distinctive trademarks or logos of ORKLI, frames, banners, software and its different source and object codes, graphic designs, animations, texts and the information and content included on the WEBSITE and on the ORKLI Corporate Platform are the property of ORKLI, which lawfully and exclusively possesses the exploitation rights for the same.

USERS accessing this WEBSITE may not copy, modify, distribute, transmit, reproduce, publish, grant or sell the aforementioned elements or create new products or services deriving from the information obtained.

Only viewing and downloading for personal and non-commercial use by the USER is authorised, and this does not extend to third party individuals or entities.

Any alteration of this WEBSITE by the USER which may affect its content, such as links and similar, is strictly prohibited.

ORKLI shall ensure that the content of this WEBSITE is not of a pornographic, xenophobic, discriminatory, racist or defamatory nature, and that it does not incite violence.

Any reproduction, distribution, communication or modification of this content that has not been expressly authorised by its owners constitutes an infringement of the industrial and/or intellectual property rights protected by Law.

ORKLI has the right to institute any administrative, civil or criminal proceedings to which they may be entitled in case of the USER’s infringement of these rights.

8.- GUARANTEE DISCLAIMERS AND LIABILITY EXCLUSION FOR THE FUNCTIONING OF THE WEBSITE AND ITS SERVICES

Access to the Platform, and any use that may be made of the information and the content and services contained therein, take place subject to the sole responsibility of the User.

ORKLI is not bound to check the veracity and accuracy of the information supplied to the Platform and shall therefore have no liability for any consequences or damages arising from misuse made of the same by Users.

ORKLI shall have no liability in any case for the effects on the communications of any kind deriving from failure, interruption or damage caused by system failures, interference or disconnection, and malfunctioning of the service in general.

8.1) Access

Access to the WEBSITE and any use that may be made of the information contained therein are the exclusive responsibility of the USER, and ORKI shall therefore not be held liable for any consequences or damages arising from this access to information or use of the same, with the exception of any actions resulting from application of the legal provisions to which it is subject in the strict exercise of its activity.

8.2) Functioning of the website

ORKLI does not guarantee the availability and continuity of functioning of this WEBSITE or its services.

It shall therefore have no liability for damages of any kind deriving from the unavailability or discontinuity of functioning of the WEBSITE or its services.

Despite the provision stated above, ORKLI will do everything within its power to keep this WEBSITE and its services continuously available.

8.3) Sundry

ORKLI does not guarantee or hold liability for damages of any kind arising from the following circumstances:

  • Knowledge by unauthorised third parties of the circumstances of access and use made by the USERS of the WEBSITE and its services.

  • The presence of viruses or other elements in the content of this WEBSITE which could cause alterations to the USER’s computer system (software and hardware) or to electronic documents and files stored in their computer systems.

  • Errors in access to the WEBSITE or its content.The USER therefore exempts ORKLI from any liability with regard to the reliability, utility or expectations given rise to by the Site.

9.- COOKIES

The services provider, either on its own account or on behalf of a third party hired to provide measurement services, may use cookies whenever a USER browses the website.Cookies are files sent to the browser by a web server with the purpose of recording a user’s activities while he browses the site.

The cookies used by the website are solely associated with an anonymous user and their computer, and do not themselves provide any personal information regarding the User.

Through the use of cookies, the server hosting the Website may recognise the browser used by the USER in order to simplify web browsing, for example by granting access to USERS who have previously registered for areas, services, promotions or competitions reserved exclusively for them without having to register every time they visit the Website.Cookies are also used to measure website audience and traffic parameters and to monitor the progress and number of visits.

The USER can change the settings on his browser in order to receive notification of receipt of cookies and to prevent the installation of cookies on their hard drive.Please refer to your web browser’s instructions and manuals for further information.

The USER does not have to permit the installation of cookies sent by the website or by third parties acting on its behalf in order to use the website. However, if the USER does not accept cookies he may have to log in each time for services requiring prior registration or login.

The cookies used on this website are always temporary in nature and are used for the sole purpose of making the subsequent transmission thereof more efficient.On no account will cookies be used to collect information of a personal nature.

10.- MODIFICATIONS

ORKLI reserves the right to make any modifications to the Platform it deems necessary, and may change, delete or add both the content and services provided via the Platform and their appearance or location on its Corporate Platform.





11.- RIGHT OF EXCLUSION AND DEREGISTRATION

At any time, and for any reason, ORKLI may provisionally suspend access to the Platform’s content and services to all or part of the USERS without liability of any kind, by simply notifying this fact, with no advance notice required.ORKLI reserves the right to refuse or withdraw access to the portal and/or the services offered to any USERS who fail to comply with these General Terms of Use, at their own request or that of a third party, with no advance notice required.

The USER may request deregistration from the Platform service at any time, for which purpose they must contact ORKLI as stipulated in Condition 6.

The information supplied to the Platform by the deregistering USER shall be kept by ORKLI, unless the former expresses his opposition as stipulated in Condition 6.

12.- IP ADDRESSES

The website servers may automatically detect the IP address and domain name used by the USER.An IP address is a number automatically assigned to a computer when it accesses Internet.All this information is recorded in a duly registered server activity file enabling the subsequent processing of the data in order to obtain measurements solely of a statistical nature to report the number of page printouts, the number of visits to the web services, the order of the visits, the point of access, etc.

13.- SECURITY

The website uses generally accepted information security techniques such as firewalls, access control procedures and cryptographic mechanisms to protect the data from unauthorised access.To these ends, the user accepts that the provider may obtain data for purposes of the corresponding access control authentication.

Any contracting process, or any process entailing input of highly personal details (health, ideology, etc.) will always be transmitted by means of secure communication protocol (https://...), to prevent any third parties from accessing the electronically transmitted information.

14.- APPLICABLE LAW AND JURISDICTION

The use of the Platform and the relations between the parties deriving from the same shall be governed by Spanish legislation.

In order to settle any dispute that may arise regarding use of the Platform, the parties shall expressly waive any other venue which may correspond to them and expressly submit this to the Courts and Tribunals of the place of ORKLI S. COOP’s registered address.