LEGAL NOTICE

 

The present Legal Notice governs the terms and conditions of access to, navigation in and use of the web site www.hawkersaustralia.com (hereinafter, the Web Site).

The terms and conditions set forth in this Legal Notice as a supplement if the company establishes individual terms and conditions regarding the use and/or contracting of specific services.

 

1.- RIGHT TO INFORMATION

In compliance with the information duty covered by article 10 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de Julio, de servicios de la sociedad de la información y del comercio electrónico), we hereby inform you that the Web Site is the property of Play Hawkers, S.L a company incorporated under Spanish law, with Spanish Tax I.D B-54754718 and registered with the Companies Register of Alicante in Volume 3.749, Line 1553, Folio 168, Section 8, Sheet A-138493, Registration 5, and with corporate address in Calle Santiago Ramón y Cajal, 37, 1º, Parque Empresarial, 03203, Elche (Alicante), Spain.

The company Play Hawkers, S.L may be hereinafter referred to as HAWKERS.

You may contact us in the following e-mail address: contact@hawkersaustralia.com.

 

2.- USERS

Any person who may enter and/or use the Web Site shall be deemed to be a User and, as such, shall be bound by the present Legal Notice as of the time of said access or use.

 

3.- USE OF THE WEB SITE

Through the Web Site, the User may gain access to a multitude of texts, charts, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, displays and information (hereinafter, the “Content”) belonging to the company or third parties.

The User accepts any responsibility resulting from his or her use of the Web Site. Said responsibility shall include any registration, if any, which may be necessary to gain access to any Content or services provided by the Web Site.

The User undertakes to make an appropriate use of the Content and services provided through the Web Site and, without limitation, to refrain from using same to (i) incur in activities which are unlawful, illegal or contrary to good faith and public order; (ii) cause damage in the physical or logical systems of the owner of the Web Site, the providers thereof or any third parties; (iii) introduce or disseminate on the web computer viruses or any other physical or logical systems which may cause the damage mentioned above.

 

4.- INTELLECTUAL PROPERTY

All and any intellectual property rights in the content of this Web Site and its graphic design are the exclusive property of Play Hawkers, S.L., which shall have the exclusive right to exploit same.

Therefore, under both Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of the Intellectual Property Act (Real Decreto Legislativo 1/1996, de 12 de Abril, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual), and Act 17/2001, of 7 December, on marks and complementary legislation regarding intellectual and industrial property (Ley 17/2001, de 7 de diciembre, de marcas y la legislación complementaria en materia de propiedad intelectual e industrial), any reproduction, transfer, adaptation, translation, distribution, public communication, including the making available thereof, or any other exploitation and/or amendment, fully or in part, without the prior express authorization of Play Hawkers, S.L., of any content included in the Web Site is strictly prohibited.

HAWKERS grants no license or authorization to use its intellectual or industrial property rights or any other property or right related to the Web Site or the services or contents provided therein.

The legitimacy of the intellectual or industrial property rights in the content provided by any User is the sole responsibility of said User. Therefore, the User shall keep HAWKERS indemnified against any third party claim resulting from the unlawful use of the content in the Web Site.

Furthermore, when providing content (pictures, images) in any way to this Web Site, the User shall assign to HAWKERS, free of charge, all intellectual or industrial property rights or any other rights held by the User in said content.

Said rights include the right of reproduction, representation, dissemination, transformation, distribution and public communication of all or part of the content by any means and in all formats or media.

 

5.- LIABILITY AND GUARANTEES

HAWKERS hereby declares that it has adopted all measures necessary, within its possibilities and considering the state of technology, to enable the correct functioning of its Web Site and to keep it free from viruses and damaging components. However, HAWKERS shall not accept any responsibility in connection with (a) the continuity and availability of the contents and services; (b) keeping said contents free from errors o correcting any defects which may arise; (c) keeping the Web Site free from viruses and/or other noxious components; (d) any damages or losses caused by any person who may violate HAWKERS’ security systems.

HAWKERS may suspend access to the Web Site temporarily without prior notice for reasons of maintenance, repair, update or improvement operations. However, whenever circumstances so allow, HAWKERS shall inform the User sufficiently in advance of the date expected for suspension of the services.

HAWKERS may not be held responsible for any links to other web pages appearing on the Web Site. Said links may direct the User to other web sites over which HAWKERS has no control whatsoever and therefore the User shall follow said links at his own risk and subject to the terms thereof.

HAWKERS may not be held responsible for the use given by the Users to the Contents and services included in the Web Site. As consequence, HAWKERS does not guarantee that the use given by the Users to the contents and services in the Web Site may either conform to the present Legal Notice or do so diligently.

 

6.- TERM AND AMENDMENT

The terms and conditions of this Legal Notice shall remain in force until amendment thereof, and HAWKERS may make any such amendments and communicate same to the User.

By entering and/or using the Web Site, the User shall be deemed to have accepted the terms and conditions of this Legal Notice and, if applicable, of the amendments made hereto.

HAWKERS may delete, amend or add to both the contents and the services that it provides, and modify the form in which said contents and services are located or presented. Terms and conditions applicable shall be those published at the time of access to the Web Site by the User.