Terms & Conditions
1. CORPORATE INFORMATION
Pursuant to Article 6 III-1 of Law 2004-575 of 21 June 2004 on confidence in the digital economy, please be advised that this website is the property of: Hayward Pool Europe, P.I. de la Plaine de l'ain, Allée des chênes , 01150 Saint Vulbas – France, and VAT number: 421 317 371 00043.
“Totally Hayward”, is a rewards program promoted and organised by HAYWARD POOL EUROPE, S.A. The website is a management instrument for use exclusively by members of said program.
2. CONDITIONS OF USE
Access to or use of the website hosted under the domain name totallyhayward.es /fr / it/ pt /be/ nl/ ch /de (the “Website”) involves agreement by the user of these Conditions of use of the website and of the terms and conditions of the rewards program.
3. NON-PERMITTED USES
As a user of the Website, please be advised that access to or use of the Website for illegal or unauthorised purposes, with or without any financial purpose, is FORBIDDEN and, therefore, its consequences shall be your exclusive responsibility. More specifically, the following non-exclusive list is forbidden:
· Using the Website illegally or in any other manner that might damage, overload or jeopardise the Website.
· Introducing computer viruses, defective files, or hosting, storing, distributing or sharing any other material or software that might cause damage or alterations to the contents, programs or systems of the Website.
· Using or reselling the contents included in the Website for unauthorised commercial purposes without the prior authorisation of Hayward.
Hayward shall be authorised to adopt, at its exclusively criteria or on request by an affected third party or relevant authority, the necessary measures in the event of a breach of the provisions of this clause.
The adopting of these measures shall not lead to an entitlement for any kind of compensation.
4. USE OF THE WEBSITE: RESPONSIBILITIES
Users are entirely responsible for access to and correct use of the Website, subject to current law in Spain, as well as the principles of good faith, morals, and public order, and with the undertaking to strictly abide by any instructions that may be provided by Hayward in relation to said use and access, in accordance with these Conditions of Use.
Users must make a reasonable use of the Website and its contents, according to the possibilities and purposes for which it was designed.
Users are solely responsible for the information or contents of any type and the truthfulness thereof that may be communicated over the Website.
5. PERSONAL DATA PROTECTION
The collection and processing of the personal data provided by the user, and the exercising of rights on said data shall be governed by the Privacy Policy of the Website.
6. RESPONSIBILITY WAIVER
Hayward is not responsible for any of the contents, files, information, advertising, opinions, concepts and images issued, published or distributed directly and indirectly over any interconnected website that is accessed via the Website through links, or any of the services linked or related to this interconnected site.
Hayward permanently provides its services and contents using all the technical means available for the satisfactory provision of this service.
Whenever deemed appropriately Hayward may make corrections, improvements or modifications to the information contained on the Website, to the services, to in the contents, without this leading to any right to claims or compensation of any kind, or involving acknowledgement of any kind of responsibility.
Hayward is not responsible for the damages and losses of any nature that may arise from the availability and technical continuity of Website operations. In any case, Hayward shall take all the necessary action to re-establish its services in the event of a technical fault.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
As the owner of the collective work forming the Website, Hayward is the holder of all the industrial and intellectual property rights on it.
Any form of reproduction, distribution, public communication, transformation, establishing and provision and, in general, any use of all or part of the contents (images, texts, designs, contents, forms, etc.) of the Website, as well as the databases and software necessary for its display or operations (including source code) without the express, prior written authorisation of Hayward is forbidden.
All Hayward trademarks and logos mentioned on the Website are commercial brands and registered trademarks belonging to Hayward.
8. CHANGES AND MODIFICATIONS TO THE CONDITIONS
Hayward may, at any time, modify these Conditions of Use simply by indicating as such on the Website.
Hayward shall remain exempt from any responsibility arising from the activities described in this clause upon publishing the modifications on the Website.
9. APPLICABLE LAW AND JURISDICTION
Current regulations shall determine the applicable laws and jurisdiction arising from the relationship between Hayward and the user and the Website. However, for cases in which these current regulations foresee the possibility of the parties being subject to a certain code of law, Hayward and the user, waiving any other code of law that may apply, shall be subject to the Courts and Tribunals of the City of Madrid.