Terms of use

Last update: October 5, 2022

The website https://www.acofarma.com/ (hereinafter, the “Website“) belongs to ACOFARMA DISTRIBUCIÓN, S.A. (hereinafter, “ACOFARMA“) with TIN A-81665945 and registered office at Calle Llobregat, No. 20, Santa Margarita Industrial Estate, ZIP Code 08223, Terrassa (Barcelona), duly registered in the Mercantile Registry of Madrid in Volume 11,930, Folio 54, Page M- 187362, Entry 1, in accordance with the obligations set forth in Law 34/2002, of July 11, on information society services and electronic commerce (hereinafter, the “LSSICE“).

By using the Website, the user accepts these terms and conditions of use (hereinafter, the “Conditions of Use”) and undertakes to use the Website, as well as the services and content hosted thereon, in accordance with these Conditions of Use and under his or her sole and exclusive responsibility.

1. Identification of the Parties

The Conditions of Use are signed, on the one hand, by ACOFARMA and, on the other, by the end user interested in the services offered through the Website (hereinafter, the “User”) whose personal data are those that he or she has provided to the Website and/or those derived from the previous relationship with ACOFARMA.

Access and/or use of this Website grants the person the status of User, who accepts, from said access and/or use, the Conditions of Use reflected here. The aforementioned Conditions of Use shall apply regardless of the General Contract Conditions that may be mandatory, if applicable.

2. Object and scope of application

These Terms of Use regulate the access, navigation and use of the Website by the User.

By accessing and/or using the Website, the User accepts the terms of ACOFARMA‘s Conditions of Use and executes them at their own risk. The User undertakes to use the contents, information and data of the Website in accordance with these Conditions of Use, with the rest of the policies accessible through the Website, with the applicable regulations, with generally accepted good practices and with public order.

3. Website Availability

The Website is available to all Users with Internet access.

ACOFARMA makes every effort to ensure that the Website is available at all times. However, access to the Website is via an Internet connection, so that the quality and availability of the same may be altered by factors beyond the ACOFARMA’s control.

ACOFARMA is not responsible for the unavailability of the Website, the impossibility and/or difficulties in downloading or accessing the content, or any other failure in the communication system that may cause its unavailability.

4. Access and Use of the Website

4.1. Website Access

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 unauthorized use that may be made of the information contained therein, is the exclusive responsibility of the person doing so.

4.2. Use of the Website

The User assumes responsibility for the use of the Website.

ACOFARMA shall not be liable for any consequences, damage or harm that may arise from such access, use or failure to comply with these Terms of Use, nor shall it be liable for any security errors that may occur or 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 that is used to connect to the services and/or products offered by ACOFARMA through the Website; (ii) a malfunction of the browser; and (iii) the use of non-updated versions of the browser.

5. Rules of Use of the Website for Users

ACOFARMA reserves the right to cancel the User’s access if it detects non-compliance with any of the contractual obligations entered into herein, as well as if it observes any use of the Website contrary to these Conditions of Use, the Privacy Policy, Cookies Policy and/or the good faith practices accepted in the sector. In any case, ACOFARMA will not be responsible for the opinions expressed by users through forums, comments, chats, or other participation tools.

In this regard, the User undertakes to:

Provide truthful information about the data requested in the forms provided by ACOFARMA to access certain content or services offered through the Website and to keep them updated. ACOFARMA reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website if the data provided is or may be false, inaccurate or misleading. In any case, the User will be fully responsible for any data or content that they send or communicate to ACOFARMA. In this regard, the User assumes responsibility for any damages that may arise from improper use of the same.
Not to use the Website or any of its components to develop time-sharing operations, or to become a provider of software application services to the extent that they are aimed at enabling third party access to the platform or any of its components, through rental operations, administrative services or any other similar services, sharing them or making them available to third parties.
Not to use the Website to collect personal data from other Users.
Not to use the Website as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, or contrary to copyright and/or industrial property rights.
Not to carry out acts of reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to that made available by ACOFARMA, as this activity may be considered an act of unfair competition and a violation of the intellectual and industrial property rights that ACOFARMA holds over the Website.
Not to subject the Website to workloads that are clearly aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. If this type of situation is detected, the service level indicated above will not apply and will be considered an emergency situation.
Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that ACOFARMA, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (for example, copyright, ©, ® and TM), whether on the platform itself or in the associated material.
Not to cause damage to the physical and logical systems of ACOFARMA, its suppliers or third parties; introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage.
Inform ACOFARMA of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
Not to prevent the normal development of an event, contest, promotion or any other activity available through the Website, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation of these, or by falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that in any way attempts or violates these Conditions of Use.
Refrain from using the contents of the Website for purposes or effects that are illegal, prohibited or contrary to those established herein, harmful to the rights and interests of ACOFARMA, other users, third parties or that in any way may damage, render useless, overload or deteriorate this Website or prevent normal use or enjoyment of it by users.
Refrain from forcing failures or security breaches on the Website.

6. Links to other websites

These Terms of Use do not apply to links and/or third-party websites that may be accessed through the Website. The Privacy Policy and Cookies Policy present on the Website are also not applicable.

In the event of accessing other networks or computer resources, the User agrees to be bound by the provisions of the corresponding privacy policies. Consequently, ACOFARMA is not responsible for the content or the security measures adopted by them.

Likewise, the absence of viruses or other elements of the contents linked from the Website that may cause alterations in the computer system (hardware and software) in the documents or files of the User is not guaranteed, releasing ACOFARMA from any liability arising from damages of any kind caused by all of the above.

In any case, ACOFARMA will proceed to the immediate withdrawal of any link when 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 Entail any type of association, merger or participation with the connected entities.

7. Disclaimer of warranties and liability

ACOFARMA 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. For these purposes, ACOFARMA declares that it has adopted and will adopt all necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Website.

However, ACOFARMA undertakes no liability for any damage that may arise from disconnections, interference or interruptions that may occur when accessing or browsing the Website, or for any damage that may arise for the User or for third parties from the existence and spread of computer viruses or other harmful elements.

ACOFARMA also assumes no responsibility for any errors or omissions that may appear in the content of the Website, nor for any actions that the User may take based on said content.

8. Modification of the Terms of Use

ACOFARMA reserves the right to make, without prior notice, any changes it deems appropriate to these Terms of Use. It is the User’s responsibility to read them carefully each time they wish to use the Website in order to check or verify the existence of any changes or modifications to them, taking as a reference the date of the last update. ACOFARMA may change, delete or add both the content and services provided through it as well as the way in which they are presented or located on the Website.

9. Intellectual and industrial property

The User acknowledges and accepts that all industrial and intellectual property rights of the Website, including the contents and/or any other elements inserted by ACOFARMA on the Website (including, but not limited to, all those elements that make up the visual appearance, graphic image and other sensory stimuli that make up the Website or “look and feel”, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture, as well as source codes), belong exclusively to ACOFARMA and/or to third parties who have legitimately assigned their rights to it. For these purposes, the term Website shall be understood as all those creations incorporated and expressed by ACOFARMA by any means and/or tangible or intangible medium, known or unknown, which is subject to protection by the current regulatory provisions on intellectual and industrial property.

The mere viewing, printing, downloading or temporary storage, whether in whole or in part, of the contents and/or elements inserted by ACOFARMA on the Website is authorized exclusively for personal, private and non-profit use by the User, provided that, in all cases, the origin and/or author of the same is indicated and that, where applicable, the copyright symbol and/or industrial property notes of their owners appear.

Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by ACOFARMA or the third party owner of the affected rights.

The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website and whose image rights are exploited by ACOFARMA, is strictly prohibited. For any use other than those expressly permitted, prior written consent of the owner of the rights in question will be required.

These Conditions of Use do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website, and/or its contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by ACOFARMA or the third party owner 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 notify us as soon as possible by sending an email to informatica@acofarma.com.

10. Data Protection

ACOFARMA complies with the provisions of Regulation (EU) 2016/679 General Data Protection Regulation (hereinafter, “RGPD”), Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, “LOPDGDD”) and other regulations in force at all times, and ensures the correct use and processing of the User’s personal data.

Therefore, each time the Website is accessed, the User must accept the Conditions of Use and the Privacy Policy in order to use the Website, which informs the User about who is responsible for the processing, the purpose of the processing, type of data, retention periods, communication of data to third parties, the possibility of exercising their rights of access, rectification, deletion, opposition and revocation of consent, among others.

For more information about the processing of your personal data, please check our Privacy Policy.

11. Communications

At ACOFARMA, we will contact the User by email or 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 all contracts, notifications, information and other communications that we send electronically comply with legal requirements.

Communications sent by the User to us should preferably be made via email to the address informatica@acofarma.com. You may also send a written communication to the attention of ACOFARMA at the address Calle Llobregat, no. 20, Santa Margarita Industrial Estate, ZIP Code 08223, Terrassa (Barcelona).

12. Applicable law and competent jurisdiction

The current regulations will determine the laws that must govern and the jurisdiction that must hear the relations between ACOFARMA and the User.

However, in those cases in which said current regulations provide the possibility for the parties to submit to a specific jurisdiction, ACOFARMA and the User, expressly waiving any other jurisdiction that may apply to them, will submit to Spanish legislation and to the Courts and Tribunals that correspond to ACOFARMA’s legal adress.