GENERAL CONDITIONS OF USE OF THE WEBSITE

1. - Purpose of the Website

These general conditions of use of the services offered at the URL www.ossafactory.es (hereinafter referred to as the Website), are accepted by Ossa Factory, SL (hereinafter referred to as Ossa), and for the other Part, by the User.
Ossa is the owner of this URL, and its registered office is located at Passeig dels Guíxols, Nos. 21-23, 17220 Sant Feliu de Guíxols, (Girona), Spain, with Spanish Fiscal Identification Code No. B17932823, entered in the Register of Companies for Girona, with telephone no. +34 972 32 84 84, fax no. +34 972 32 84 85 and e-mail address info@ossafactory.es.
Ossa Factory, S.L. is a commercial company the activity of which is, among others, the use of the Internet domain "ossafactory.es"® to offer information about “Ossa” motorcycles, about different types of models, mechanical questions, technical aspects, and the sale of clothes, accessories and motorcycles; to establish communication with any private individuals or legal entities interested in the above-mentioned motorcycles; and to give access to complementary information which is included directly or through relevant Internet links. 
Ossa provides Users with access to and use of various services and contents by placing at the disposal of the User by means of its Website information and data (hereinafter referred to as the Contents), which may be supplied both by Ossa and by third parties in the form of private individuals or legal entities.

Access to the Ossa Website is free, without prejudice to those services provided under contract, which shall be governed by the particular conditions established on the Website.
Any User who gains access to the Ossa Website knows and accepts the general conditions contained within it corresponding to each of the versions of the Website that are offered, and any modifications to them which may be made, Users being advised to access the said Website versions regularly so as to become acquainted with their contents.   

2. – Access to the Website

Users’ access to the Ossa Website involves no element of obligation or guarantee on the part of Ossa.
In order to gain access to the Website, the User needs to have access to the Internet network, pay the relevant access and connection fees and have the equipment and computer systems required to establish a connection with the Internet, including a computer terminal that is sufficient for this purpose (central computer unit, telephone connection, etc.) and a modem or other comparable or similar access device. Ossa shall under no circumstances be held responsible for the correct operation of this equipment or for the authorizations or licences required to use them.
In order to have correct access to and use of certain material and services available on the Website, it may be necessary for Users to download onto their computer equipment certain computer programs or other computerized elements. The installation of the latter shall be payable by the User, and Ossa declines any type of responsibility that may derive from such actions.  
Ossa reserves the right to suspend and cancel access, and to modify, limit or cancel all or any of the terms and conditions applicable to the Website, giving prior notice by means of a pop-up window which will open automatically on accessing the Website. The quality and speed of operation with which the Website may be accessed shall not be the responsibility of Ossa, and therefore the User may not claim any type of compensation for damage or prejudice.   
The service provided by Ossa through its Website is for an indefinite period, and the provision of this service may be halted at any time without cause or explanation and without prior notice. Ossa shall not be held responsible for any anomaly, malfunction, deterioration or deletion of data or software that may arise in Users’ equipment or computerized systems as a direct or indirect result of accessing or attempting to access its Website. 

3. - Content of the website

The language used by Ossa on the Website shall be Spanish, without prejudice to the use of other languages, both foreign languages from other countries and other languages used in Spain, freely and without prior notice. Ossa shall not be held responsible for any inability on the part of the User to understand or communicate through the language used on the Website, or of any consequences arising for this reason. 
Ossa may modify the contents without prior notice, and may also delete and change them within the Website, accepting no responsibility for any consequences that may affect Users. The entire Website, including texts, images, markers, graphs, logotypes, buttons, software files and combinations of colours, and also the structure, selection, arrangement and presentation of its contents, are protected by the laws concerning Intellectual and Industrial Property.  
All the industrial and intellectual property rights relating to the Website and the material contained within it thus belong to Ossa and, in some cases, to third parties. Any use of the Website or its content must be of an exclusively private nature. Ossa reserves for itself any other use involving the copying, reproduction, distribution, transformation, public communication, or any other similar activity, of all or part of the contents of the Website and of the Website itself, so that no User may carry out the above actions without the prior written authorization of Ossa or of the third party owning the intellectual or industrial property rights.    
Users are forbidden to use, partially or in their entirety, the Website contents to promote, sell, hire or divulge advertising or information about themselves or third parties without Ossa’s written authorization, or to send advertising or information by using the services or information made available to Users, independently of whether or not the use of the latter is free of charge.    
The brand name or commercial names and any other identifying signs that are subject to intellectual or industrial property rights may not be used without the express prior written authorization of their owners. 
The links or hyperlinks that include indications to direct users to this Website may not show, directly or indirectly, false, imprecise or confusing descriptions, and shall only access the Website’s pages without having the right to copy or reproduce them wholly or partially, or to participate in unfair or illicit actions against Ossa’s interests, or make any statement or undertake any action that may lead into error or confusion any person who accesses the Website through a hyperlink. No hyperlinks may be included in the Website that do not confine themselves solely and exclusively to providing access to its principal page or “home page”, and the frames of the Ossa website, or the hyperlinks that are accessible through it, may not be wholly or partially reproduced in another website. 
It is prohibited to undertake any action which prevents or hinders Users’ access to the Website or to the hyperlinks providing connections to third parties’ services and material offered on the Website, and specifically the use of Ossa as a meta element tag, or its use in any way to attract Users to websites other than this one, or to hinder or dissuade Users from using this Website.   
Ossa shall not be held responsible for the reliability and rapidity of the hyperlinks that connect its Website to other websites. Ossa does not guarantee the usefulness of the Website in relation to its links to other websites, and accepts no responsibility for any material or services which the User may not be able to access through these links, or for their correct functioning.
Ossa shall not be held responsible for any viruses or other computer programs that damage or may damage Users’ computer equipment when they access its Website or other websites to which they have gained access through links in the Ossa Website. Furthermore, Ossa’s Website service makes available to Users and members products and services offered both by Ossa and by outside third parties, which shall be governed by the specific conditions applicable to each one, such as the sending of news headlines or the downloading of different applications intended for undertaking motorcycle repairs, the simulation of performance provisions or of tests and checks to which bikes are submitted. Ossa does not guarantee the veracity, accuracy or current validity of the material relating to the services offered by third parties, and is expressly exempted from responsibility of any kind for any damage or prejudice that may arise from its inaccuracy. Ossa expressly points out that the material included in its Website is of an informative nature only, and that in the case of a mechanical breakdown or any other question relating to the motorcycles owned by Users and members, the latter must have recourse to dealers authorized to repair them, since Ossa shall under no circumstances accept responsibility for any decisions taken by Users and members based on information contained in the Website http://www.ossafactory.es.

4. - Users of the website

Although the use of the Ossa Website does not require obligatory registration, in order to hire certain services it will be necessary to undertake such registration by completing a registration form through the introduction of certain details and the acceptance of the specific conditions applicable to the service hired, in conjunction with general conditions for the hiring of services. The registered User undertakes to make careful use of the relevant access codes, user name and password that he chooses himself, accepting responsibility for the security and confidentiality of them, and having the obligation and sole responsibility for keeping them and protecting them in a safe place with the aim of preventing unauthorized third parties from gaining access to them. The User also undertakes to notify the Website administrator as soon as possible of the loss, theft or any other incident which is caused by, or may be caused by, a risk to the confidentiality of the data provided by him.       
Any Users who access the Ossa Website shall do so in accordance with the requirements of the Law, acceptable moral standards, respectable behaviour and the maintenance of public order, and undertake at all times not to access the Website and its content in a way opposed to that established and/or for purposes that are illicit, harmful to the rights and freedoms of third parties, or which may harm, damage, saturate or slow down the operation of the Website, to the prejudice of the interests of Ossa or of third party Users. Users shall not copy, distribute, diffuse, transform, modify or manipulate its contents.   
On its Website Ossa makes available to Users products and services through which they may enter all kinds of material, information or comments, such as for example news groups, chats, blogs or other material of a similar nature. In their use of the products and services to which they make their contributions, Users may not take positions against the fundamental rights and public freedoms, and shall not incite or encourage demonstrations or activities that are criminal, xenophobic, in favour of terrorism, or degrading by reason of sex, political opinions, race, religion or personal beliefs, or propagate pornographic material or services, or make apologies for violent behaviour.  
The User’s access to the contents of the Website shall be under his full responsibility, and he may not transfer to Ossa any consequence deriving directly or indirectly from his access to the Website, whether this be of a physical, logical, moral or personal nature. Ossa may hold responsible any Users who misuse the Website and cause damage or prejudice to third parties, or for any possible viruses or computer programs that they may introduce, generate or store on the Website and which damage or may damage both the content and the correct functioning of the Website, together with the equipment, systems and programs belonging to Users of the Website.
Ossa may take legal action against Users in relation to any claims, compensation, fines or administrative sanctions that are imposed upon Ossa and are the direct or indirect responsibility of a User who may have entered material or an Internet service without due care and attention.
Any Users who are aware of any activity that is damaging or that may damage the correct functioning of the Ossa Website or modify or alter its contents, must notify Ossa immediately of this situation.
Ossa reserves the right to use the so-called “cookies” in any kind of use of the Website. Nevertheless, Users are informed of their capacity to reject this use in their computer terminal. 
Both the User and Ossa undertake to make use of the Services in accordance with the Policy of Unsolicited Advertising, and in particular to make the following undertakings:

  • Not to send series of unsolicited electronic messages
  • If advertising material is sent by Ossa to Users, it will include the word "advertisement" so as to avoid giving an erroneous impression.

Users who are inconvenienced by the receipt of unsolicited messages addressed to a large number of people may notify Ossa of this fact by sending a message to the e-mail account info@ossafactory.es
Any User who does not respect the above regulations may be expelled from the Website, either by the administrator or by any of the moderators, who shall ensure their strict observation and the correct functioning of the Website. If such a case arises, no compensation may be sought from Ossa by the User or member so expelled.   

5. - Under-Age users

Children under the legal adult age must seek and obtain the permission of their parents, guardian or legal representative before accessing the services and/or material that is included in the Website. Access to and use of the Website is prohibited to unauthorized under-age children. Ossa informs Users that there are computer programs which make it possible to filter and block access to specific material and services, in such a way that parents may, for example, decide which material and services on the Website their children may have access to, and which they may not.  

6. - Privacy Policy and the Protection of Data

Users who access the Ossa Website and wish to obtain information about the Ossa Website’s Privacy Policy, may obtain information in this respect by visiting the text of the Privacy Policy that Ossa has included for this purpose in the Website.

7. - –Legal Competence

These conditions are subject to the Spanish legislation that is currently in force.
In the case of any kind of disagreement arising from the use of the services offered or from the contents of the Website itself, the Parties, by their acceptance of these Conditions, shall subject themselves to the Courts and Judges of the locality of Sant Feliu de Guíxols, (Girona), Spain.