The website www.totalproject.site (hereinafter referred to as the “Website”) is owned by TOTAL LOGISTIC SERVICES S.L. (hereinafter referred to as the “COMPANY”), with its registered office at: PABELLONES MUELLE RIBERA LETRA B, S/N 52001 MELILLA and CIF B29961059.

The COMPANY welcomes you and invites you to read the General Conditions of Use of this Website (hereinafter referred to as the “General Conditions of Use”) carefully, which describe the terms and conditions that will apply to your browsing of the Website, in accordance with the applicable Spanish regulations. As the COMPANY may modify these Conditions of Use in the future, we recommend you visit them periodically to stay properly informed of any changes made.

To ensure the use of the Website aligns with criteria of transparency, clarity, and simplicity, the COMPANY informs the User that any suggestions, questions, or queries regarding the General Conditions of Use will be received and resolved by contacting the COMPANY through the email: info@totallogistic.es.

1. Purpose

The COMPANY provides the content and services available on the Website, subject to these General Conditions of Use, as well as the personal data processing policy (hereinafter referred to as the “Data Protection Policy”). Accessing or using this Website in any way grants you the status of “User” and implies the acceptance without reservations of all and each of these General Conditions of Use, reserving the COMPANY the right to modify them at any time. Consequently, it is the responsibility of every User to read the General Conditions of Use carefully each time they access this Website; if you do not agree with any of the terms provided herein, you should refrain from using this Website.

Furthermore, you are notified that specific conditions may be established for the use of certain content and/or services on the Website, and the use of such content or services will imply acceptance of the specific conditions specified therein.

2. Services

Through the Website, the COMPANY offers Users the possibility to access: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section for inquiries providing personal data – Links to access social networks (hereinafter referred to as the “Services”).

3. Privacy and Data Processing

The COMPANY processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Information on your personal data, according to Article 13 of Section 2 of the aforementioned regulation, can be found at this [LINK].

4. Intellectual and Industrial Property

The User acknowledges and agrees that all the content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights over the content and/or any other elements inserted in the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any kind of waiver, transmission, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted to that effect by the COMPANY or the third-party holder of the rights affected.

The content, texts, photographs, designs, logos, images, computer programs, source codes, and generally any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as copyright by intellectual property laws. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.

It is also prohibited to delete, evade, and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the COMPANY the exercise of all means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

1. Make proper and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs, and (iv) public order.

2. Provide all the means and technical requirements needed to access the Website.

3. Provide truthful information by completing the forms with personal data on the Website and keeping them updated at all times so that they reflect the User’s real situation. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the COMPANY or third parties by the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Making unauthorized or fraudulent use of the Website and/or its contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, impair, or impede the normal use of the services or documents, files, and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access restricted areas or resources of the Website, without meeting the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.

d) Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers, or third parties.

e) Attempting to access, use, and/or manipulate the data of the COMPANY, third-party suppliers, and other Users.

f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the holder of the corresponding rights or legally permitted.

g) Deleting, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the COMPANY’s or third parties’ rights included in the content, as well as technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtaining and attempting to obtain the contents using means or procedures other than those that, as the case may be, have been provided for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those usually used on the Internet for not involving a risk of damage or disablement of the website and/or the contents.

i) In particular, and merely by way of example and not exhaustively, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:

• In any way is contrary to, disparages, or violates fundamental rights and public freedoms recognized constitutionally, in international treaties, and in the rest of the legislation.
• Induces, incites, or promotes criminal, denigratory, defamatory, violent actions, or, in general, actions that are contrary to the law, morality, generally accepted good customs, or public order.
• Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
• Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services, or, in general, contrary to the law, morality, and generally accepted good customs, or public order.
• Induces or could induce an unacceptable state of anxiety or fear.
• Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological balance.
• Is protected by intellectual or industrial protection legislation belonging to the COMPANY or third parties without having been authorized for the intended use.
• Is contrary to honor, personal and family privacy, or the self-image of individuals.
• Constitutes any kind of advertising.
• Includes any type of virus or program that prevents the normal operation of the Website.

If a password is provided to access some of the services and/or contents of the Website, you agree to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the mentioned services and/or contents by outsiders. Likewise, you agree to notify the COMPANY of any event that may imply improper use of your password, such as, by way of example, its theft, loss, or unauthorized access, to proceed with its immediate cancellation. Consequently, as long as you do not make the previous notification, the COMPANY will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illegal use of the contents and/or services of the Website by any third-party illegitimately.

If you negligently or fraudulently breach any of the obligations set forth in these General Conditions of Use, you will be liable for all the damages and losses that may arise for the COMPANY from such breach.

6. Responsibilities

The COMPANY does not guarantee continuous access, nor the correct visualization, downloading, or utility of the elements and information contained in the Website pages, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control.

The COMPANY is not responsible for the decisions that could be taken as a consequence of the access to the contents or information offered.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. The COMPANY is not liable for damages, losses, claims, or expenses arising from the use of the Website. It will only be responsible for removing, as soon as possible, the content that may cause such damages, provided that this is notified. In particular, it will not be liable for damages that may result, among others, from:

i. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the telecommunications lines and networks, or by any other cause beyond the control of the COMPANY. ii. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other. iii. Improper or inappropriate use of the Website. iv. Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of it. The COMPANY administrators reserve the right to withdraw, in whole or in part, any content or information present on the Website.

The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the services freely available and used by Website Users. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation services and doubts. On the other hand, in case of causing damages and losses due to an illicit or incorrect use of such services, the User may be claimed by the COMPANY for the damages or losses caused.

You will defend, indemnify, and hold the COMPANY harmless from any damages arising from claims, actions, or demands of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages and losses resulting from the use by you of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the Website of the COMPANY, as well as any of its contents, unless expressly authorized in writing by the COMPANY.

The Website of the COMPANY includes links to other websites managed by third parties, to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of such websites, nor does it place itself in a position of guarantor and/or supplier of the services and/or information that may be offered to third parties through third-party links.

A limited, revocable, and non-exclusive right is granted to the User to create links to the Website’s main page exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent its relationship with the COMPANY or claim that the COMPANY has authorized such a link, nor include trademarks, names, trade names, logos, or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website making the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the Website pages. The COMPANY may request, at any time, that you remove any link to the Website, after which you must immediately proceed to its removal. The COMPANY cannot control the information, content, products, or services provided by other websites that have established links to the Website.

Therefore, the COMPANY assumes no liability for any aspect relating to such websites.

8. Cookies

You can consult the information about cookies by accessing this [LINK].

9. Duration and Termination

The service provision of this Website and the other services are, in principle, indefinite. However, the COMPANY may terminate or suspend any of the portal services. When possible, the COMPANY will announce the termination or suspension of the provision of the determined service.

10. Representations and Warranties

In general, the content and services offered on the Website are for informational purposes only. Consequently, by offering them, the COMPANY does not grant any warranty or representation regarding the content and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. Force Majeure

The COMPANY shall not be responsible at all in cases of impossibility to provide the service if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

12. Dispute Resolution. Applicable Law and Jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. Any dispute will be resolved before the courts of Algeciras.

In the event that any provision of these General Conditions of Use is unenforceable or null under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the COMPANY will proceed to modify or replace such provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.