Legal notice.
Ownership
www.onnafit.com is an internet domain owned by WIEMSPRO S.L. holder of Tax Identification Number: B72305832 with address in C/ Jacinto Verdaguer, 11. 29002. Malaga. Trade Registry Data volume 2190, folio 158, entry 1, page CA-49489. (Henceforth the Owner).
WIEMSPRO is a company devoted to the sale and operation of electrostimulation devices.
General Conditions of Use
By accessing the Website, the User declares that they accept this Legal Notice with all of its conditions of use. In any case, this Legal Notice is obligatory and binding; any person who does not accept its conditions should refrain from using the Website and/or the services advertised by the Owner, through it. These conditions do not create any company, agency or franchise contract, or labor relationship between the Owner and Users.
This Legal Notice regulates the use of this Website, which the Owner makes available to the people who access it to provide them with information about its products and services and/or those of third-party collaborators and provide them with access to and the contracting of them.
Applicable regulations
This Legal Notice is subject to the provisions of Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, of December 5, 2018 (LOPDGDD), Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of this data and repealing Directive 95/46/EC (GDPR), Guidelines 5/ 2020 on consent in the sense of Regulation (EU) 2016/679, Law 11/2022, of June 28, General Telecommunications, Law 34/2002 of July 11, Information Society Services and Electronic Commerce, Royal Decree-Law 13/2012, of March 30, which transposes directives on internal electricity and gas markets and electronic communications, and which adopts measures to correct deviations due to imbalances between the costs and income of the electricity and gas sectors, Guidelines 03/2022 on misleading patterns of the European Data Protection Committee (CEPD), as well as any subsequent regulations that modify or develop them.
Both access to the Website owned by the Owner and the use that may be made of the information and content included therein, will be the exclusive responsibility of whoever does so. The conditions of access to the Website will be subject to current legislation and the principles of good faith and lawful use by the User, and any type of action to the detriment of the Owner is generally prohibited. Use of the Website for illegal or unauthorized purposes will be considered strictly prohibited.
Modification of conditions of use
The Owner reserves the right to modify the presentation and configuration of the Website as well as this Legal Notice at any time. Therefore, the Owner recommends that the User reads them carefully each time that they access the Website. The Legal Notice will always be in a visible location, freely accessible to be consulted as many times as necessary.
Description of services
www.onnafit.com is the Website of the Owner and acts as a tool providing information about the services offered.
Registry
The Registry is for Users who already have the product and use the application for their training sessions, they can access the data of the devices they have associated with it and can even purchase usage minutes. The Owner will provide them with a Username and password, and once provided, the User can change it. The Registered User accepts all the conditions of this Legal Notice.
The user identifier will be comprised of their email address and a password. We recommend using a secure password containing many characters, not common words or names, and it should combine upper-case and lower-case letters, numbers, and symbols.
The use of their identifier and the password are personal and non-transferable, it is not permitted to assign them, even temporarily, to third parties. In this regard, the User undertakes to make diligent use of them and to keep them secret and assumes all responsibility for the consequences of their disclosure to third parties. If a user becomes aware of or suspects the use of their password by third parties, they must immediately notify us of it.
The Owner can discontinue the service of any User who uses the content or services of this Website in an unethical, offensive, illegal or incorrect way and/or way that is contrary to the interests of the Owner. It also reserves the right to reject any registration request or to cancel a previously accepted registration, it is not obliged to communicate or outline the reasons for its decisions and this will not result in any right to any compensation or reimbursement.
Termination
The Owner reserves the right to suspend or cancel the Website or any of the services on it, at any time and without prior notice, for technical reasons or reasons of any other kind, likewise, the Owner can unilaterally modify the conditions for access, as well as all or part of the content included on it, all without prejudice to the rights acquired at the time.
Liabilities
The Owner assumes no liability for the content, information, or services that may appear on these sites, which will be exclusively for informational purposes and under no circumstances implies any kind of relationship between the Owner and people or entities who own such content or the owners of the sites where it appears.
Under no circumstances is the Owner responsible for any damage that Users may cause to the Website, or any other, owing to its illegal or improper use, or for the content and information accessible or provided through it.
The Owner will not be responsible for infractions carried out by users of its Website that affect third parties.
The Owner does not guarantee the reliability, availability, or continuity of its Website or Services, therefore the use of them by the user is carried out at their own risk, and at no time can they hold the Owner liable for this.
The Owner will not be responsible if there are disruptions to services, delays, malfunctions of the website, and, in general, other problems whose causes are beyond the control of the Owner, and/or due to misconduct or unlawful actions by the user and/or that are due to fortuitous events or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of force majeure will be understood to include, and also for this Legal Notice, all events that occur outside the control of the Owner, such as mistakes by third parties, operators or services companies, Government actions, lack of access to third party networks, acts or omissions by Public Authorities, others that occur as a consequence of natural phenomena, power cuts, etc. and the attack of hackers or third parties that are specialized in the safety or integrity of the computer system, provided that the Owner has adopted reasonable security measures by the state of the art. In any case, whatever their cause, the Owner will not assume any liability for direct or indirect damages, consequential damage, and/or loss of profits.
The Owner will try, to the extent possible, to update and rectify information hosted on its Website that does not fulfill the minimum requirements of veracity. However, you are informed that there may be any kind of unintentional error and the User is free to challenge the content. In this regard, the Owner is not obliged to control and does not control the material transmitted, disseminated, or made available to third parties by Users or collaborators, except in cases where this is required by current legislation or when requested by a competent Judicial or Administrative Authority.
The Owner cannot be considered responsible for the use of this Website by people outside of it or references that may exist on external sites.
Compensation
Users shall hold the Owner harmless for any claim or suit by third parties relating to the activities promoted within the Website or owing to the breach of the Legal Notice and other policies that are considered to be a part of this document, or due to the violation of any laws or rights of third parties.
Nullity and invalidity of Clauses
If any clause included in this Legal Notice or the other legal and informative texts on the Website is declared totally or partially null or invalid, this nullity or invalidity will only affect that provision or the part of it which is null or invalid, the other conditions established in all the rest will remain in force, and the aforementioned provision or the part of it affected will not be included.
Notifications
All notifications, demands, requests, and other communications that need to be made by the parties about this Legal Notice or other legal and informative texts, should be made in writing and they will be deemed to be duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or their email, or to any other address or email that each party may provide to the other for these purposes.
Intellectual and Industrial Property
The intellectual property rights of this Website, its source code, design, navigation structures, and the different elements contained in it are the exclusive property of the Owner, who shall exercise any kind of exploitation rights to them and, in particular, the rights of reproduction, distribution, public communication, and transformation, by the applicable Spanish and European Union legislation.
The total or partial reproduction of the content of this Website without the express and written consent of the Owner is strictly forbidden. The unauthorized use of this content by any other person or company will result in the liabilities established by law.
Any form of exploitation is forbidden, including any kind of reproduction, distribution, assignment to third parties, public communication, and transformation, through any type of format and means, of the aforementioned works, creations, and distinguishing signs without prior and express authorization from their respective owners. The breach of this prohibition may constitute an infraction punishable by current legislation.
It is forbidden, except in cases when expressly authorized by the Owner, to present this Website or the information contained therein within frames, distinguishing signs, trademarks, company, or trade of another person, company, or entity, expressly including the photographic content which is considered the exclusive property of the Owner.
The violation of any of the aforementioned rights may constitute a breach of these conditions, as well as a crime punishable by articles 270 et. seq. of the Penal Code.
Users who send the Website observations, opinions, or comments through the email service or via any other means, in cases where that is possible due to the nature of service, are considered to have given authorization to the Owner for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, for such observations, opinions or comments, for the entire copyright protection time that is legally established and without territorial limitations. Likewise, it is understood that this authorization is granted for free.
The Owner warns that it cannot be considered responsible for the comments or any kind of contribution by third parties that are displayed on the website itself or in external spaces linked to it, under no circumstances do they express the opinion of the Owner and the option to delete them is exclusively reserved if they are considered incorrect, or if they go against its interests or those of third parties, at the Owner´s discretion.
The Owner is not responsible for how the User uses the Services of the Website, as well as any material that the user includes on this Website that may breach the intellectual or industrial property rights or any other right of third parties.
Jurisdiction
For any matters that arise regarding the interpretation, application, and compliance with this Legal Notice, as well as any claims that may derive from its use, all the intervening parties are subject to the corresponding Judges and Courts according to their jurisdiction.
