1. Identification details
EQUATORIAL COCA COLA BOTTLING COMPANY, S.L., a company with TIN B-61518064 and registered address at Avenida Diagonal 682, 08034 Barcelona, which is also the address for serving notifications, is registered on the Companies Registry of Barcelona, in Volume, on folio 57, sheet number B-173662, (hereinafter, “EQUATORIAL” or the “Company”), is the owner of the website at www.eccbc.com (hereinafter, the “Website”), whose use is subject to this Disclaimer and other legal texts posted on this Website.
The Website has been set up by EQUATORIAL with the main aim of creating a web platform that makes information available for users about the Company, a bottling company that operates on the African continent to produce and market various soft drinks. Thus, Users can find out about the range of soft drink products that the Company markets, as well as the countries in which it operates, on the Website.
The use of the Website confers the status of “User” on people who access it and implies their acceptance and express acknowledgement that they are aware of the disclaimers, its terms and conditions of use and the contents of this Disclaimer, as well as all other legal texts posted on the Website.
Notwithstanding the cost of an Internet connection and access, which are beyond the control of EQUATORIAL, the use of the Website is free of charge.
Users are aware that access to and the use of the services and contents on the Website are carried out at their sole risk. EQUATORIAL recommends that Users read this Disclaimer every time they wish to access the Website, as it may undergo changes, so the version posted at any given time will be the valid version.
Furthermore, some of the Website services accessible by the Users may be subject to specific terms and conditions that, if applicable, substitute, add to and/or amend this Disclaimer, and that must be accepted by the Users before any services can be rendered.
The use of the Website implies the express acceptance of these rules and any modifications that may be made to them in the future, so the User must read these terms and conditions on a regular basis.
2. Terms and Conditions of Use of the Website
Simply accessing the Website does not establish any type of business relationship between EQUATORIAL and the User.
The information posted on this medium is for information purposes only. EQUATORIAL shall make every endeavour and employ all reasonable means to provide updated information on the Website, but may not be held responsible for any errors or possible inaccuracies and/or omissions in any of the contents posted on the Website, whereby it reserves the right to delete them or stop them from being disseminated, either in part or in full, and to modify the layout and content of this Website without prior warning, or even to restrict or not allow access to such information.
Furthermore, the Company reserves the right to unilaterally amend the terms and conditions of use of this Website. Any amendments to the terms and conditions of use shall come into force from the time they are posted on this Website.
Accessing, browsing and using the Website is the responsibility of the User, so the latter must undertake to strictly follow any additional instructions given by EQUATORIAL or the by person authorised by it to do so in relation to the use of the Website and its contents. Therefore, the User undertakes to use the contents in a diligent, appropriate and lawful manner and, specifically, by way of example but not limited to, the User undertakes to refrain from:
- Using the contents, specifically, information of any nature whatsoever obtained from the Website, for purposes contrary to the law, moral standards, generally accepted good conduct and public order. To this regard, the Company reserves the right to prevent or prohibit access by any User who posts any content on this Website contrary to the regulations in force or moral standards, whereby it may take any legal measures that it deems fit to prevent this type of behaviour or any consequences of such conduct.
- Reproducing, copying, distributing, allowing public access through any form of public disclosure, altering, changing, modifying or adapting the contents, unless consent to do so has been granted by the holder of the corresponding rights.
- Interfering with or disrupting the running of the Website, the servers and the networks used for it to work, or contravening the rules, requisites, procedures, policies or regulations of such networks. Engaging in any conduct that could damage, disable, overload, impair or in any way whatsoever impede the normal use of the Website and the data, programs, information and other content posted on it.
- Introducing programs, viruses, macros, applets, ActiveX controls or any other device or character sequence that may cause or are liable to cause any alteration to the Company’s IT systems or those of third parties.
3. User login
Users are aware and expressly accept of their own free will that the use of the Website is undertaken entirely at their own risk. Whenever using the Website, Users undertake not to forge their identity or other personal details, to only use the Website for information purposes and not to engage in any conduct that could damage the image, interests or rights of EQUATORIAL or third parties.
4. Intellectual and industrial property rights
All contents on the Website, unless otherwise stated, are the sole property of EQUATORIAL.
In this regard, all texts and graphic features (by way of example, but not limited to, the graphic design, logos, texts, illustrations, photographs, source codes and similar) that make up the Website and that are posted on it, in addition to its presentation and layout, are the sole property of EQUATORIAL, which holds all of the industrial and intellectual property rights, including those pertaining to the software, or otherwise the Company has the licences and/or authorisations required from the owners of these rights on the texts and graphic features to make use of them.
All trade names, trademarks and distinguishing marks, logos, symbols, composite, figurative and word marks that appear on the Website belong to the Company or it has, subsequent to being granted authorisation, the rights on their use and they are in any event protected by the legislation in force on these matters.
EQUATORIAL does not grant the User any licence or authorisation to any make personal use whatsoever of its intellectual and industrial property rights or of any other right related to the Website and the services provided on it.
Therefore, this Website and the contents posted on it may not be subject to use, reproduction, distribution, modification, public disclosure, assignment or transformation, without the Company’s prior authorisation to do so.
EQUATORIAL reserves the right to take legal or any other type of action to which it may have recourse against any Users who violate or breach its intellectual and industrial property rights.
5. Limitation of liability
EQUATORIAL shall be solely liable for the services rendered by it and for the contents directly originating from the Website and identified with their corresponding copyright.
The Company undertakes to adopt the means and measures required to ensure the Website’s security and privacy. It may not be held liable whenever any appropriate security measures implemented are breached by external agents.
The Company reserves the right to temporarily shut the Website down without prior warning to the User, provided this were necessary to carry out maintenance work, updates or improvements to services. It may likewise modify the terms and conditions of access or the specific location of content posted on the Website.
The Company is unable to ensure the permanent, ongoing availability of the Website due to interruptions, failures, etc., nor may it be held liable for damages that may be caused to Users by computer viruses, telephone outages, disconnections in the operational running of the electronic system or external agents that third parties may post on the Website or in the electronic documents or files stored on the IT system.
6. Hyperlinks and website links
a) Website links
EQUATORIAL takes no responsibility whatsoever for any contents, business activities or information that may be displayed through direct or indirect links from this Website, as their sole purpose is to inform the User of the existence of other sources of information on specific issues. The Company may under no circumstances be held liable for any results obtained from these links, their veracity and the lawfulness of the content or information that may be accessed, or for the consequences arising from their access by the Users.
EQUATORIAL may not be held liable for the data processed by third parties that have established hyperlinks on the Website nor for the data processed on websites to which you may be redirected from these hyperlinks. The User and, in general, any natural or legal person who wishes to post a hyperlink or link devices (links and buttons, for example) from their websites to the Website (a “Hyperlink”) must obtain prior written consent to do so from the Company.
Establishing a Hyperlink under no circumstances implies that there is a relationship between EQUATORIAL and the owner of the website that establishes a Hyperlink, nor that the Company has accepted or approved its contents and services.
In any event, the Company reserves the right to prohibit or disable any hyperlink to the Website at any time whatsoever, especially in cases of unlawful activities or contents on the website to which the hyperlink redirects Users.
8. Applicable jurisdiction and legislation
The terms and conditions that govern this Website and all relationships that may arise from using it or signing up for it are subject to Spanish legislation.
Pursuant to current legislation, any disputes that may arise from accessing and using this Website and/or its services shall be submitted to the sole jurisdiction of the courts and tribunals of Spain with the powers to settle them according to the regulations that apply.