- I. General information about the company
- II. Acceptance and amendments to the General Terms and Conditions of the Website
- III. Intellectual property
- IV. Use of services and contents
- V. Participation in competitions and promotions
- VI. “NUTRITION QUESTIONS” section
- VII. Social media
- VIII. Release of liability
- IX. Applicable law and jurisdiction
I. General information about the company
Affinity Petcare, S.A., Sociedad Unipersonal (hereinafter, “Affinity”), is a Spanish trading company, holder of TIN A-62.295.761 and registered with the Companies Registry of Barcelona on Folio 94, Volume 32.672, sheet number B-217.337, 13th Entry. Affinity is dedicated, amongst other activities, to the manufacture and sale of pet food.
Affinity is headquartered at:
Plaça Europa, 54-56
L’Hospitalet de Llobregat
08902 Barcelona (Spain)
Tel.: +34 93 492 70 00
Fax: +34 93 492 70 01
Email: hello@affinity-petcare.com
II. Acceptance and amendments to the General Terms and Conditions of the Website
Acceptance of the General Terms and Conditions
These General Terms and Conditions govern the use of this Internet website (hereinafter, the "Website") that Affinity makes available to the user (hereinafter, the "User"). The use of this Website implies the full and unreserved acceptance of each of the General Terms and Conditions that may be in force at any given time by the User on accessing it and, therefore, if the User disagrees with any of the General Terms and Conditions whatsoever, the User must refrain from using the Website.
Amendments to the General Terms Conditions
Affinity reserves the right to amend these General Terms and Conditions of this Website at any time whatsoever, as well as any of the other general or specific terms and conditions, regulations on its use, instructions or warnings that may apply. Therefore, the User must read these General Terms and Conditions every time this Website is accessed. As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under the sole and exclusive responsibility of the User.
III. Intellectual property
This Website may include, by way of example but not limited to, information, data, contents, texts, documents, clinical trials, research papers, advertising materials, drawings, technical or other classes of product specifications, databases, sounds, software, corporate symbols, signs, trademarks, graphic designs, a combination of elements, logos and images, which are protected by intellectual or industrial property rights that Affinity holds or is a legitimate licence holder thereof.
Thus, it is strictly prohibited to totally or partially reproduce, publicly disclose, modify, transform, copy, distribute or in any other way exploit or handle this Website, its technical devices, contents, applications, source codes, design, selection of materials and the way they are presented and, in general, any other information contained on this Website.
Likewise, it is prohibited to take apart, perform reverse engineering on or, in general, in any way transfer or produce works using the software programs required to run and access this Website and the services offered on it, as well as to exploit these elements in any way whatsoever. Specifically, it is prohibited to create links, hyperlinks, frames or similar links that may be posted on the Website, without the express prior consent of Affinity.
IV. Use of services and contents
All Users who access this Website must make proper use of its services and contents in line with the philosophy of this Website, as described in this section, and under the principles of good faith and in compliance with current laws.
Therefore, in the case of any services offered or that may be offered on this Website (such as chats, forums and newsgroups), or through official profiles on Social Media, where the opinions of Users may be posted or where they may store contents, the User undertakes not to publish, divulge, disseminate, disclose or distribute any type of material and/or, in general, information or opinions, whose contents go against the legislation in force, moral conduct or public order, are libellous or pornographic, or that tarnish the reputation and image of Affinity or any other third parties.
Users likewise undertake to solely and exclusively perform such actions related to the contents if they lawfully hold the corresponding exploitation rights as provided for by law, namely, the rights to reproduce, distribute, publicly disclose or transform the contents.
Furthermore, it is prohibited to make use of any of the services offered or that may be offered on this Website (such as chats, forums and newsgroups) for profit or in such a way that involves or may involve damage to or unfair competition against the Website and Affinity (that is, conducts such as diverting traffic to another website).
This undertaking also applies to the use of the services offered or that may be offered on this Website. Such use must be in line with the main objective and philosophy of this Website, namely, that the Users may receive and/or share information and experiences about the world of pets and Affinity's products and services on the space designed to do so.
Affinity may not be held liable for any third party contents (such as comments, photographs, videos, chats, forums, newsgroups, etc.) that are in breach of the above and, likewise, it reserves the right to amend or, if necessary, immediately withdraw such contents or information, without this giving rise to indemnity of any kind to the User responsible for posting such contents or information on this Website.
To this regard, Affinity enables the Users of this Website to report and make Affinity aware of any abuse, incidents, violation of rights, inappropriate contents or contents that are in breach of the provisions in these General Terms and Conditions that may appear on this Website of which they become aware by writing an email to hello@affinity-petcare.com. Users must give a brief description of the reasons for their complaint or of the incident in question. Affinity shall act with the necessary diligence in response to a complaint in order to remove or block access to the corresponding data or information. In this regard, the User is hereby informed that the personal data of the informant and the accused may be transferred by Affinity for the purposes of investigating the abuse, incident, content or breach reported and deciding whether the competent public authorities should be made aware of this, in which case the data referred to shall be disclosed to the public and/or judicial authorities, and to law enforcement bodies and agencies. Notwithstanding this possibility of divulging and reporting information offered by Affinity, the User may use other systems for divulging and reporting information contained on the Social Media on which Affinity has created official profiles.
The User is hereby informed that the contents on this Website stored by the User as a consequence of using this Website shall imply the assignment free of charge for an indefinite period to Affinity of all of the exploitation rights over the contents referred to, that is, the rights to reproduce, distribute, publicly disclose and transform such contents.
V. Participation in competitions and promotions
Should the data provided by Users following their participation in competitions and promotions be collected for processing, they shall be duly informed of this in the competition or promotion rules in question and, if applicable, in all other related information provided. However, by way of example but not limited to, the Users are hereby informed that their participation shall be subject to their data being processed for the purposes of sending advertising or promotional messages (including electronic marketing messages) related to Affinity's products, services and activities, as well as for managing their participation in each specific promotion or competition and verifying that the Users fulfil the necessary requisites for receiving the prize given in a promotion or competition, in order to award or send the prize to the winner and to publish the names of the winners and/or materials awarded a prize on this Website, other websites and other media, notwithstanding any other purposes that may be established in each specific competition or promotion.
The Users are likewise informed that whenever any contents are posted on this Website as a result of their participation in a competition or promotion, their acceptance of the terms and conditions of the competition or promotion in question and these General Conditions shall imply the assignment, free of charge for an indefinite period, to Affinity of all of the exploitation rights over the aforementioned contents.
VI. “NUTRITION QUESTIONS” section
This Website may include a “NUTRITION QUESTIONS” section. This section is an online information service that gives opinions of an illustrative, informative and/or educational nature in relation to questions about nutrition that the User may ask. By no means are such views intended to nor should they replace a visit and consultation with a professional veterinarian, as the veterinarians who provide their opinions on “NUTRITION QUESTIONS” do so without physically examining the dog/cat in question. Therefore, anything posted on this Website cannot nor is intended to be used as a veterinary diagnosis or treatment.
Affinity declines all liability for the improper interpretation, use or application of the opinions provided in the “NUTRITION QUESTIONS” section.
Both the questions posed by Users as well as any documentation that Users attach as supporting documentation may be posted by Affinity on its Website and be seen by all its other users. Therefore, Users who ask questions that reference real veterinary clinical cases guarantee that consent of the owner of the pet referred to in each case has been previously obtained in order for it to be posted on the Website. Additionally, should third-party personal data appear in the question or the attached supporting documentation, the User guarantees that consent for said data to be published on the Website has been previously obtained. If the User has not obtained such consent, the question may still be posted on the Website provided that any reference to third-party personal data is removed or deleted.
Furthermore, should questions be posted about case studies given to veterinary school students during the course of their studies, or include fragments of veterinary books or texts, the User must hold the corresponding intellectual property rights or have obtained the necessary license or authorisation to use them in the “NUTRITION QUESTIONS” section.
Veterinarians who answer the questions that Users post in the “NUTRITION QUESTIONS” section shall attempt to answer them as soon as possible, depending on their availability.
In the “NUTRITION QUESTIONS” section Affinity offers Users the possibility to report and to inform Affinity, through the e-mail hello@affinity-petcare.com, of any abuse, incidents, violations of rights, inappropriate content or content that breaches the provisions of these General Terms and Conditions, the laws on data protection and, in general, the legal system that may appear in this section, that Users may be aware of, as detailed in paragraph IV “Use of services and content” of these General Terms and Conditions. Affinity shall act with the necessary diligence in response to a complaint in order to remove or block access to the corresponding data or information.
VII. Social media
The processing of the data of Users who become followers of the official profiles of Affinity and its brands shall be governed by the terms and conditions provided for in the Privacy Policy available in the Website and, subsequently, by the privacy policies, and terms and conditions of use that may be established by the Social Media used.
Affinity shall process the data of the Users who become followers or fans of any of the abovementioned profiles, for the purposes described in the Privacy Policy, as well as for the purposes of properly managing the aforementioned profiles and finding out the opinions and/or comments of Users. By becoming a fan or follower, the Users consent to their data being processed in line with the purposes set out in the environment of the Social Network concerned.
Affinity may remove any information or content from its profile that goes against the rules set out in the general terms and conditions of use of the Social Network in question, as well as against the provisions set out in these General Terms Conditions.
Users may exercise their rights to access, rectify, cancel and contest their data at any time, in the way described in the Privacy Policy. In any event, Users may delete their follower status on the official sites of Social Media by following the steps set out in the terms and conditions of use of any given Social Network, in which case Affinity shall not be able to intervene in this process. Users are likewise reminded that any modifications or amendments to their data on Social Media must be made through their user settings, as Affinity is unable to make such changes.
In order to submit any queries related to the way the Social Media on which Affinity has official profiles process the personal data of followers, the User may contact Affinity at the following email address: hello@affintiy-petcare.com.
VIII. Release of liability
Affinity provides its users with pieces of information, which, despite being compiled by experts in the sector and the diligence taken in drawing them up, may contain inaccuracies or errors, or they may not be up to date when the User accesses them. Therefore, having made the User aware of potential inaccuracies in the content of this Website, Affinity may not be held liable for damages arising from the hypothetical lack of reliability, completeness and/or relevance of the contents, in addition to possible typing errors, shortcomings or flaws in figures that may be posted on the Website.
Furthermore, Affinity may not be held liable for service outages, malfunctions or problems with data network connections through which this Website is accessed, whatever the origin of the malfunction.
Affinity is unable to guarantee that the contents on this Website are suitable or available outside of Spain. Should all or part of the contents on this Website be considered illegal in countries outside Spain, their access and use by Users shall be prohibited and, in the event that they do access them, the User shall be solely responsible for their use.
The use that may be made of the information and contents that appear on this Website and/or access to other third-party websites through the links posted on this Website shall remain the sole responsibility of the Users who perform such actions. Under no circumstances may Affinity be held liable for any damages that may be sustained from such use or activities.
As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under sole and exclusive responsibility of the User.
IX. Applicable law and jurisdiction
These General Terms and Conditions and any matters related to their interpretation, performance or non-performance shall be governed by Spanish law, notwithstanding any EU regulations and international treaties to which they may be subject.
Furthermore, Affinity and the User submit, with express waiver of any other jurisdiction to which they may have recourse, all matters, incidents or disputes that may arise related to this Website, to the Courts and Tribunals to which Affinity is subject by virtue of its registered address as stated above, notwithstanding any other jurisdictions to which it may be subject by virtue of the application of EU Regulation 44/2001 or any other EU regulations and international treaties to which it may be subject.