Legal Notice

1. PURPOSE

This Legal Notice regulates the terms of use of the website www.indo.es (hereinafter, the Web) that INDO OPTICAL S.L.U. (hereinafter, INDO) makes available to users in order to provide information on products and services, whether its own or those from third parties, and to facilitate access to said products and services (collectively regarded as Services).

“INDO OPTICAL, S.L.U.”, Spanish company, with business address at Calle Reyes Católicos 4, 28108 – Alcobendas (Madrid), holding Company Tax Code B66232976, registered in the Trade Registry of Madrid under volume 36641, folio 185, section 8, sheet M657291.

Use of this Website confers the status of User, which implies acceptance of the online version of this Legal Notice at the time of access. INDO reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as its Legal Notice. To this end, INDO advises the User to carefully read the Legal Notice each time the Website is accessed.

Access to specific Services may be subject to the company's own and specific terms and conditions that, depending on the case, may replace, complete and/or modify this Legal Notice. Therefore, before accessing and/or using these Services, the User must also carefully read the corresponding specific terms and conditions.

Access to the Website is free of charge except in relation to the cost of connection via the telecommunications network supplied by the access provider contracted by the user. Certain services are reserved exclusively for our clients and access to such is restricted.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents of this Website, which are hereby understood as including but not limited to the following: all texts, photos, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as the Website's graphics design and source codes, are the intellectual property of INDO or third parties, and it shall not be construed that any of the rights thereto covered under current regulations on intellectual property have been assigned to the User, other than those regarded as strictly necessary for using the Website.

All trademarks, trade names or distinctive signs are the property of INDO or third parties, and it shall not be understood that access to the Website grants any right thereto.

3. Terms of use

The User must avail of the Services in a diligent, correct and licit manner and, in particular, agrees to refrain from:

i. using the Services for purposes contrary to the law, morality and generally accepted good habits or practices, or the public order;

ii. reproducing or copying, distributing, allowing access to the public through any form of public communication, transforming or modifying the Services, unless authorisation from the owner of the corresponding rights has been granted or that such is permitted by law;

iii. violating the intellectual or industrial property rights belonging to INDO or to third parties; and

iv.

using the Services and, in particular, any information obtained from the Website to send advertising, communications for direct sale purposes or any other type of commercial purpose, unsolicited messages addressed to various individuals, regardless of the purpose therefor, as well as from commercialising or disclosing said information in any manner or form.

The User shall be liable for any damages that INDO may incur, direct or indirectly, as a result of the breach of any obligation arising from this Legal Notice, the Privacy Policy and Cookies Policy, from the corresponding specific terms and conditions or from the law regarding the use of the Website.

INDO shall at all times ensure compliance with the current legal system, and shall be entitled to discontinue the Services, at its complete discretion, or prevent the User from accessing the Website in the event of alleged commission, complete or partial, of any of the offences or misdemeanours specified in the Penal Code currently in force, or the observance of behaviour that INDO considers unethical, contrary to the order, good habits or practices or the internal regulations of INDO or its contributors that could interfere with the smooth functioning, image, credibility and/or prestige of INDO or its partners. In any case, INDO is under no obligation to control, and does not control, the contents conveyed, disseminated or made available to third parties by Users or partners, except in cases required by current legislation or when required by the relevant Legal or Administrative Authority.

In any case, the User acknowledges and voluntarily and expressly accepts that using this Website is at all times under his or her sole and exclusive responsibility .

4. PROTECTION OF PERSONAL DATA

Without prejudice to the privacy policies accessible from the Website and which may be applicable at any time, the use of certain services or applications sent to INDO are subject to the prior completion of the corresponding User registration form.

All information provided by the User via forms on the Website for the above purposes or any other purposes must be true. To this end, the User guarantees the authenticity of all data provided and shall ensure that the information provided to INDO is kept perfectly updated so that it corresponds to the actual situation of the User at all times. In any case, the User shall be solely responsible for any misrepresentation or false statement made and shall be liable for any damages caused to INDO or third parties as a result of the information given.

In accordance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data ('LOPD'), we hereby inform you that the personal data and information you provide when completing any electronic form available on the Website shall be added to a personal data file belonging to INDO. The purpose for which data is processed is to follow up on your application. The questions included in each one of the forms are voluntary, except those marked with an asterisk (*), which must be answered. In the event that mandatory questions are not answered, INDO reserves the right not to process incomplete applications.

In order to fulfil your request or application for information, INDO may be required to disclose your data to third parties for the sole purposes of: (i) providing the contracted service in question (ii) sending commercial information by any means, including email or similar electronic means, in accordance with the provisions of article 21 of the Spanish Law of Information Society Services and Electronic Commerce (LSSI). Third parties that have access to data for which the party responsible is INDO will be destroyed, in any case, upon termination of the relationship between INDO and said third party. INDO complies with the security levels required by Royal Decree 1720/2007 of 21 December, approving the Regulation for the development of the Law on Protection of Personal Data (LOPD), in line with the nature of the data subject to being processed at any time.

In accordance with the provisions of article 22.2 of the Spanish Law of Information Society Services and Electronic Commerce (LSSI), INDO shall only use data storage and recovery devices when the user has given his or her prior consent to that effect in accordance with what is displayed in the pop-up window of the browser when the Website is first accessed and in the other terms and conditions stipulated in the INDO Cookies Policy and which must be known by all users.

Users may exercise their rights of Access, Rectification, Cancellation and Opposition under the terms provided for by law, by emailing info@indo.es, at all times stating their name, surnames and attaching a copy of their identification document.

5. HYPERLINKS

The user and generally any natural or legal person may create a hyperlink or technical link device (for example, links or buttons) on their website that provides access to the Website (the "Hyperlink"). Under no circumstances does creating a Hyperlink imply that there are existing relations between INDO and the owner of the website displaying the Hyperlink, nor does it imply acceptance or approval from INDO of its contents or services. In any case, INDO reserves the right to prohibit or render useless any hyperlink to the Website at any time.

The use of any word mark, graphic symbol or combined trademark or any other distinguishing mark of INDO displayed on the website of the User or sender is forbidden, except for cases permitted by law or expressly authorised by INDO.

 The page with the link must comply faithfully with the law and may under no circumstances contain or provide a link to its own contents or those belonging to third parties that: (I) are illegal, harmful or contrary to morals and good customs or practices (pornographic, violent, racist, etc.); (II) give or may give the USER the misconception that INDO endorses, fosters, adheres to or in any way supports the ideas, statements or expressions, whether licit or illicit, of the sender; (III) are inappropriate or irrelevant to the activity of INDO with regard to the place, contents and theme of the website of the sender.

6. EXCLUSION OF LIABILITY

INDO reserves the right to terminate access to the Website, as well as the provision of any or all related Services at any time and without prior notice, whether due to technical, security, control or maintenance reasons, power failures or any other cause.

INDO assumes no liability, whether for consequential damage or loss of profit, in the event of any discontinuation of Services, delays, mistakes, poor functioning of said services and, in general, any other problems due to causes outside the scope of control of INDO, and/or due to fraudulent or culpable actions by the User and/or due to Force Majeure. Without prejudice to the provisions of article 1105 of the Civil Code, Force Majeure shall be understood as entailing all events that may occur beyond the control of INDO, such as: mistakes by third parties, operators or service companies; Government acts; lack of access to third party networks, acts or omissions of Public Authorities, and others caused as a consequence of natural phenomena, power cuts, etc., as well as attacks by hackers or third parties that specialise in the security or integrity of the computer system, provided that INDO has adopted all available security measures in line with the latest technological developments.

Any information related to the Services is for guidance only. INDO shall try to ensure, as much as possible, that the information contained in its Website is updated and corrected.

INDO does not warrant or assume any liability for results obtained or for any damage suffered from accessing third-party Services via connections or links to other websites. The purpose of the links that appear on this website belonging to INDO is exclusively to inform Users about the existence of other information sources on the internet, where Services other than those offered by the Website are available. These additional services are provided by third parties, therefore INDO cannot and does not control the legality or quality of such Services. As a result, the User must exercise extreme caution in assessing and using the information and services offered on the third party websites.

Although INDO implements reasonably sufficient security measures to detect viruses, the User must be aware that the existing security measures for computer systems on the internet are not entirely trustworthy and, as a result, INDO shall not be liable for any damages caused by a virus or any other harmful elements within the contents that could alter the computer systems of Users, as well as any documents or systems contained therein.

INDO accepts no liability for any use made by the User of the Services on the Website or his or her access details, as well as any other material related to the Services, breaching intellectual or industrial property rights or any other third-party right.

All exclusion of liability shall be understood as well founded without prejudice to the legal warranties and coverage applicable to the Users bearing the legal status of consumers as per the regulations in force.

7. LEGISLATION

The terms of use contained in this Legal Notice shall be governed by the provisions set forth in laws generally applicable throughout Spain. In the event of any discrepancy or controversy with regards to the interpretation or application of these terms of use, INDO and the User, expressly waiving any other jurisdiction that may apply, shall submit to the jurisdiction of the Courts and Tribunals of the User's address. If the User's address is outside the European Union, expressly waiving any other jurisdiction that may apply, the parties shall submit to the jurisdiction of the Courts and Tribunals of Barcelona (Catalonia, Spain).