ULTIMA - ULTIMATE NUTRITION FOR ULTIMATE HEALTH
Conditions of Access and Use of the Ultima™ Website
This website at www.affinity-ultima.com (“the Ultima™ website”) is owned and operated by Affinity Petcare, S.A., a company registered in Spain, with taxpayer ID No A-62.295.761 and whose registered office is at Parque de Oficinas St. Cugat Nord, Plaza Xavier Cugat, Edificio D, Planta 3ª, C.P. 08174, Sant Cugat del Vallés (Barcelona), Spain. As owner of the Ultima™ website, Affinity Petcare S.A. hereby notifies users of the Ultima™ website of these conditions of access and use of the Ultima™ website:
Access to and use of the Ultima™ website is subject to these conditions of access and use. By accessing and using the Ultima™ website or any of other websites owned by Affinity Petcare, S.A. the user confirms full acceptance of these conditions of use and access as may be modified from time to time in accordance with their terms and as published and in force at the time the user accesses the Ultima™ website, and the user acknowledges and accepts that these conditions of access and use will be legally binding on the user. Affinity Petcare, S.A. reserves the right to modify these conditions of access and use at any time by publishing the modified version of these conditions of access and use on the Ultima™ website which will apply and be binding from the time of such publication but not retrospectively.
All content on the Ultima™ website are subject to law and regulations relating to intellectual and/or industrial property. All intellectual property rights (including but not limited to copyright, design rights, patents, trade marks, database rights, know how and any other industrial or intellectual property rights (“IPR”)) in the contents of the Ultima™ website are owned absolutely by Affinity Petcare, S.A. or where appropriate and otherwise indicated by third parties. The user may view and obtain one copy of the content of the Ultima™ website, subject that the copy in question is used exclusively for his/her personal and private use only, it being prohibited for the user to use such content for commercial purposes. For the avoidance of doubt, the user’s permission to use the Ultima™ website does not extend to any third party copyright material appearing on or via the Ultima™ website or to any third party material identified as such on the Ultima™ website, and copying of any such content of third parties on the Ultima™ website is strictly subject to terms of use which may be stipulated by such third parties.
In the event that the user intends to copy or use the content or material on the Ultima™ website for purposes other than that permitted above, the user must obtain Affinity Petcare, S.A.’s express prior written consent (which may be withheld entirely) at Affinity Petcare, S.A.’s discretion and, in the case of material owned by a third party, the user must obtain the written consent of the relevant third party over which Affinity Petcare, S.A. has no control.
In no event is the user permitted to modify or delete from the Ultima™ website or copies thereof details that may exist identifying the IPR of Affinity Petcare, S.A. or third parties. The user may only access the content of the Ultima™ website by means of the resources or procedures provided for such purpose on the Ultima™ website, or that are commonly used via the Internet for accessing and viewing websites, as long as they do not involve the infringement of the IPR of any person or damage to the Ultima™ website, information or services offered by Affinity Petcare S.A. or reputation and goods will of Affinity Petcare S.A.
The user agrees to use the services and information provided on the Ultima™ website in compliance with the law, these conditions of access and use, morality, good customs and public order, and to make a correct and lawful use of the services contained, and not to use the Ultima™ website to carry out any of the following activities: (a) disseminating racist, xenophobic, unlawful, libelous, sexually explicit, abusive, obscene or pornographic material or information, or material or information that incites or encourages terrorism or is contrary to human rights or is otherwise illegal; (b) carrying out acts which infringe or may infringe the IPR of any legitimate owners of such IPR; (c) causing damage to the computer equipment of Affinity Petcare, S.A., of its suppliers or of any third parties, and/or introducing or disseminating computer viruses, or other harmful software or any other type of material that may cause damage to computer systems, and (d) disseminating advertisements or sending unauthorised electronic messages. Affinity Petcare, S.A. reserves the right to remove all information or material from the Ultima™ website that it considers violates these conditions of use and access at any time and without further notification to the user.
Nothing will exclude or restrict Affinity Petcare, S.A.’s liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of Affinity Petcare, S.A.’s negligence.
Subject to the above, Affinity Petcare, S.A. will not be responsible or liable in contract, tort, by statute or otherwise for the information, services and/or products offered and/or provided by third parties through the Ultima™ website or for the content provided by third parties via the Ultima™ website. Affinity Petcare, S.A. will not be responsible or liable in contract, tort, by statute or otherwise for any special, indirect, incidental or consequential loss or damage or loss of the software, data or hardware or other loss of the user (including without limitation: loss of revenue, loss of business, loss of goodwill, loss or corruption of data and/or downtime) that may result from accessing the Ultima™ website or from use of the information, applications, or content on or accessible via the Ultima™ website which are provided to the user on an “as is” and “as available” basis without warranty.
Affinity Petcare, S.A. does not guarantee the appropriateness, reliability, availability, fitness for purpose, security, non-infringement or accuracy of the information, content or services contained on or accessible via the Ultima™ website, or warrant that the functions of the Ultima™ website will be uninterrupted or error free, that defects will be corrected or that the Ultima™ website or the servers that make it available are free of viruses and Affinity Petcare, S.A. will not be responsible or liable for either direct or indirect loss or damage caused as a result of use of, access to or reliance on the content of the Ultima™ website by the user.
The Ultima™ website is intended for access and use by persons in the United Kingdom only. Affinity Petcare, S.A. does not represent, warrant or guarantee that the information or content on the Ultima™ website complies with the regulatory regime of any country other than England. In the event that all or part of the content of the Ultima™ website are considered illegal in jurisdictions outside England, users in those jurisdictions are prohibited access to and use of the Ultima™ website. In the event that users nevertheless access the Ultima™ website from such jurisdictions, such access is entirely at the user’s risk, and the user is responsible for compliance with local laws.
Use of the information and content that appear on the Ultima™ website and/or access to other websites of third parties by means of connections or links that appear on the Ultima™ website, is entirely at the user’s risk, and Affinity Petcare, S.A. will not in any event be responsible or liable for any damage or loss that may result from such use, activities or access. Affinity Petcare, S.A. provides the Ultima™ website as a mere conduit for the posting and display of third party connections, links and advertising and does not control the information and data contained in such third party connections, links and advertising which are provided and/or edited by such third parties. The information and materials in such third party connections, links and advertising do not, therefore, reflect any representation or endorsement by Affinity Petcare, S.A. and are provided without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and/ or accuracy.
Without prior notice to the user and at any time, Affinity Petcare, S.A. reserves the right to temporarily cancel or suspend access to the Ultima™ website and/or to carry out modifications to the Ultima™ website that it considers appropriate with regards to the Ultima™ website, the services or the information offered on the Ultima™ website, the presentation or location of the Ultima™ website and/ or these conditions of access and use to the Ultima™ website.
If the user breaches any of these conditions of use and access, the user’s authorisation to use the Ultima™ website automatically terminates and the user must immediately destroy any downloaded or printed materials.
Any breach of these conditions of access and use will entitle Affinity Petcare, S.A. to immediately terminate the user’s use of the Ultima™ website without notice.
All the information received on the Ultima™ website from the user will be considered to be provided to Affinity Petcare, S.A. on a free-use basis and any personal data provided to Affinity Petcare, S.A. by the user will be processed and used by Affinity Petcare, S.A. in accordance with Affinity Petcare, S.A.’s Privacy Policy which may be viewed on the Ultima™ website.
Email will not be considered a valid means of service of legal proceedings. To validly affect service of legal proceedings on Affinity Petcare, S.A. users must contact the Legal Advice Department of Affinity Petcare, S.A., located at the Parque de Oficinas St. Cugat Nord, Plaza Xavier Cugat, Edificio D, Planta 3ª, C.P. 08174, Sant Cugat del Vallés (Barcelona), Spain, which will indicate the steps to be taken in each case which will include proper compliance with the Civil Procedure Rules and Practice Directions.
All matters regarding the Ultima™ website and these conditions of access and use will be regulated by and construed in accordance with English law and will be subject to the exclusive jurisdiction of the English Courts.