1. Identification details
EQUATORIAL COCA COLA BOTTLING COMPANY, S.L., a trading company with corporate tax number B-61518064 and registered office at Avenida Paísos Catalans, 32, 08950, Esplugues de Llobregat (Barcelona), with the same address for notification purposes, filed with the Barcelona Companies Registry under volume 41323, folio 57, page B-173662, (hereinafter, "EQUATORIAL” or the "Company"), is the owner of this website www.eccbc.com (hereinafter, the "Website”), the use of which is subject to this disclaimer and other legal texts accessible on the Website.
The Website has been created by EQUATORIAL for the main purpose of creating a web platform to provide users with information about the Company, a bottling company operating in the continent of Africa, producing and marketing a variety of soft drinks. Similarly, via the Website, Users may learn about the range of soft drink products the Company markets and the countries in which it operates.
Use of the Website awards the status of "User" and implies the acceptance and express recognition of the disclaimers, terms and conditions of use related thereto and the content of this disclaimer and other legal texts accessible on the Website.
Notwithstanding Internet connection and access costs, all of which are beyond EQUATORIAL's control, the use of the Website will be free of charge.
The user is aware that he/she accesses and uses the services and contents on the Website under his/her exclusive responsibility. EQUATORIAL recommends users to read this disclaimer each time they wish to access the Website, since it may be modified and the applicable version is that which is published at any given time.
Accordingly, some of the Website services accessible for Users may be subject to particular terms and conditions which, where applicable, replace, complete and/or modify this disclaimer and must be accepted by the User before the corresponding service can be provided.
Use of the Website implies express acceptance of these rules and any modification that may be made in the future, whereby the User must read these terms and conditions on a regular basis.
Mere access to the Website does not imply the start-up of any type of commercial relationship between EQUATORIAL and the User.
Any information disclosed via this medium is for information purposes only. EQUATORIAL will use all reasonable resources and efforts to provide updated information on the Website, where it declines responsibility for errors or inaccuracies and/or omissions in any of the content accessible via the Website, reserving the right to fully or partially eliminate or suspend its disclosure and to modify the structure and content of this Website without prior notice, where it may also restrict or deny access to the said information.
Access, browsing and use of the Website is the User's responsibility, whereby he/she undertakes to diligently and accurately observe any additional instruction given by EQUATORIAL or by personnel authorised by the said party in relation to the use of the Website and the contents thereof. Therefore, the User undertakes to use the contents diligently, correctly and legally and, in particular, by way of example but not limited thereto, he/she undertakes to refrain from the following:
- Using the content, especially any information obtained via the Website, for purposes that are contrary to law, moral decency and generally accepted customs or public order. For said purpose, the Website reserves the right to prevent or prohibit access by any User who places on the Website any content that is contrary to applicable legislation or moral decency, reserving the right to take the legal action it considers appropriate to avoid this type of conduct or as a result thereof.
- Reproduce or copy, distribute, enable public access through any form of public communication, alter, change, modify or adapt the content unless he/she is authorised to do so by the owner of the corresponding rights.
- Interfere with or interrupt the operation of the Website or the servers or networks used for the Website to be available; or proceed contrary to the rules, requirements, procedures, policies or regulations of the said networks. Proceed in any way that may damage, render useless, alter, destroy, overload or in any way prevent the normal use of the Website and the data, programs, information and other content accessible on the Website.
- Upload programs, viruses, macros, applets, ActiveX controls or any other software device or sequence of characters that cause or may cause any type of alteration to the Company's IT systems or those of third parties.
3. User Registration
The User is aware of and voluntarily and expressly accepts that the use of the Website is under his/her exclusive responsibility. When using the Website, the User undertakes not to use a false identity or personal details, to use the Website exclusively for information purposes and not to proceed in any way that may damage the image, interests and rights of EQUATORIAL or third parties.
4. Intellectual and industrial property rights
Except when stated otherwise, all the contents in this web are the exclusive property of EQUATORIAL.
Accordingly, all the texts and graphics (by way of example but not limited thereto, the graphic design, logos, texts, illustrations, photographs, source code and similar) that make up and are disclosed by the Website, together with its presentation and assembly, are the exclusive property of EQUATORIAL, which holds all the intellectual and industrial property rights, including those related to the software, or the Company holds the licences and/or authorisations required from the owners of the said rights for the use of the aforementioned texts and graphics.
All the commercial names, marks and distinguishing signs, logos, symbols, mixed, figurative or nominative marks appearing on this Website belong to the Company or the Company has, after authorisation, the right to use them and, in whatsoever case, they are protected by current legislation.
EQUATORIAL grants no personal use licence or authorisation whatsoever to the user over its intellectual and industrial property rights or over any other right related to the Website and the services offered on it.
Consequently, this Website and the content thereof may not be used, reproduced, distributed, modified, published, assigned or transformed without the Company's prior authorisation.
EQUATORIAL reserves the right to take legal action or any other type of action to which it has a right against Users who violate or infringe its intellectual and industrial property rights.
In fulfilment of Organic Law 15/1999 of 13 December on Personal Data Protection (hereinafter, "LOPD"), the Company informs the Users of the Website of its policy on processing and protecting the personal data of individuals using any service on the Website that involves providing personal data to the Company.
Accordingly, in order to comply with current legislation, the Company's Privacy and Cookies Policy applies and may be consulted at the following link.
6. Limitation of liability
EQUATORIAL will be liable exclusively for the services it provides and the content directly originating from the Website itself and identified with its corresponding copyright.
The Company undertakes to adopt the means and measures required to guarantee security and privacy on the Website. It will not be liable when, having adopted the corresponding security measures, they are violated by external agents.
The Company reserves the right to suspend the Website without serving prior notice to the User when necessary for maintenance, updating or improvements to the service. It may also modify the access conditions and/or specific location of the content on the Website.
The Company does not guarantee the availability and permanent continuity of the Website as a result of interruptions and faults, etc. Furthermore, it will not be liable for damages that may be caused to the Users by computer viruses, telephone faults, disconnections in the operation of the electronic system or external agents that may be placed on the Website by third parties or in the electronic documents and files stored on the IT system.
7. Hyperlinks and linked sites
a) Linked sites
EQUATORIAL declines all liability for the content, commercial activities and information that may be viewed directly or indirectly via electronic links and this Website, since the function thereof is exclusively to inform the User about the existence of other sources of information on specific matters. Under no circumstances will the Company be liable for the result obtained through the said links, the truthfulness or legality of the content or the information that may be accessed or the consequences arising from the User's access thereto.
EQUATORIAL declines all liability for data processed by third parties setting up hyperlinks on the Website or for those whose hyperlinks send the User to their website. The User and, in general, any natural or legal person intending to set up a hyperlink or technical link device (e.g. links or buttons) from their website to the Website (the "Hyperlink") must obtain prior authorisation in writing from the Company.
Setting up the Hyperlink does not imply the existence of whatsoever relations between EQUATORIAL and the owner of the website on which the Hyperlink is set up or the acceptance or approval of the content or services thereof by the Company.
In whatsoever case the Company reserves the right to prohibit or disable any hyperlink to the Website at any time, especially in cases of illegal activities or content on the website on which the hyperlink is included.
9. Governing law and jurisdiction
The terms and conditions applicable to this Website and all the relations that may arise from the use and/or registration thereon are governed by Spanish law.
Whatsoever controversy that may arise from the access or use of this Website and/or the services thereon is subject to the exclusive jurisdiction of the judges and courts of Spain that correspond in accordance with the system applicable to each case.