1 - Legal information and compliance

The Terms and Conditions contained in this Legal Notice regulate the use of the website www.thecoolcactus.com (hereinafter “Website”) that KALOS DIVERSIS S.L (hereinafter “The Cool Cactus”) makes available to those who access it (hereinafter the “User” or “Users”). .

KALOS DIVERSIS S.L has its registered office at Paseo de la Florida 11, 1C - 28008 (Madrid) with Tax ID Number (CIF) B8765169. If you wish to contact THECOOLCACTUS you can do so by email at info@thecoolcactus.com.

Access to and use of the Website by the User implies the User’s full acceptance of the Terms and Conditions for the Website and obligation to fully comply with them. The Terms and Conditions in this Legal Notice together with the Privacy Policy jointly constitute the terms and conditions that govern access and use of the Website (the “Website Terms and Conditions”).

The duration of the service rendered by the Website is limited to the moment in which the User is connected to the Website or to any of the services thereby provided. Therefore, Users should carefully read the Legal Notice as well as the Website Terms and Conditions on each occasion they intend to use the Website, since these may undergo modifications without prior notice.

Some services of the Website accessible to Users may be subject to specific conditions, regulations and instructions which, if applicable, complete, replace and/or modify this Legal Notice and should be accepted by the User before the corresponding service is rendered.

Access to the Website and/or use of the services and content implies the full, and without reservations, acceptance of the conditions from the version published by THECOOLCACTUS at the time that such access and/or use occurs.

It is possible that, throughout the provision of the services included in the Website, the name of the domain, under which such services are rendered, is modified. Therefore, Users know and accept this possibility, and remain in full compliance with the obligations accepted by Users and THECOOLCACTUS in accordance with what is established in this Legal Notice.

2. Conditions of Use for the Contents and Services

Access to the Website is free. Certain services are exclusive to certain Users and the access to such services is restricted.

Users may only access the services and contents through the means or procedures that have been made available for this purpose on the Website or alternatively are usually used on the Internet to the same end, provided that they do not involve the violation of intellectual and/or industrial property rights or involve any type of damage to the Website and/or the information or services offered.

Users are obliged to use the contents and services in a diligent, legal, correct and lawful manner and, in particular, they commit themselves to refrain from, including but not limited to:

  • using the contents and services for purposes that are contrary to public order, the law, morality and generally accepted good practice and/or using the content in such a way that it produces the above-mentioned effects;
  • transmitting or disseminating information, data, content, messages, graphics, drawings, sounds and/or image files, photographs, recordings, software and, in general, any material that is obscene, offensive or that induces criminal, denigratory, defamatory or violent acts, or, in general, is contrary to public order, the law, morality and generally accepted good practice;
  • reproducing, copying or distributing the contents, as well as allowing the public access to them through any modality of public communication, or transforming or modifying them, unless the written permission of the holder of the corresponding rights is obtained or it becomes legal to do so;
  • infringing the intellectual or industrial property rights that belong to THECOOLCACTUS or to third parties; ;
  • using the services and content in a way that may cause a loss to the Website or overload its operation;
  • engaging in fraudulent transactions that may lead to any kind of illicit or fraudulent behaviour;
  • using the contents or services and, in particular, information of any kind obtained through the Website with the aim of advertising, especially sending communications to solicit direct sales, or for any other commercial purpose, by using unsolicited messages addressed to a single person or a group, as well as commercialising on the disclosure of such information in any way without the prior permission of THECOOLCACTUS..

Users shall be liable for all damages of any kind that THE COOLCACTUS may suffer, directly or indirectly, as a result of non-compliance with any of the obligations derived from this Legal Notice or from the law in relation to using this Website.

3. Use of Passwords

Access to the services provided through the Website may or may not be exercised by signing up to an account with the Website (hereinafter “THECOOLCACTUS Account”).

Should the User be registered, a password must be chosen which will allow access to the THECOOLCACTUS Account. Any requests for the User’s personal data shall be governed by Clause 8 of this Legal Notice.

Passwords assigned by the User shall be personal and non-transferable, and the assignment to third parties is not permitted even on a temporary basis. In this regard, Users undertake to use the password diligently and keep it secret.

In the event that the User becomes aware of or suspects the loss, theft or use of their password by third parties, the User shall inform THECOOLCACTUS as quickly as possible.

The User shall be liable for the expenses and damages caused as a result of the use of the Service by any third party that uses their password as a result of non-diligent use or the loss of the same by the User.

4 - Disclaimer of Warranties and Liability

THECOOLCACTUS reserves the right to interrupt the access to the Website, as well as the provision of any or all of the contents available through the Website at any time and without prior notice, whether for technical reasons, security, control, maintenance, power failure or any other justified cause.

Consequently, THECOOLCACTUS does not represent nor guarantees the reliability, availability or continuity of the Website or the contents, so that the use thereof by the Users is done at their own risk and they cannot, at any time, hold THECOOLCACTUS to account in this regard..

THECOOLCACTUS shall not be liable for any interruption, delay, error, malfunction of the service or, in general, any other inconvenience owing to reasons beyond the control of THECOOLCACTUS, and/or due to the Users acting negligently or fraudulently and/or due to a Force Majeure. Without prejudice to the terms of Article 1105 of the Spanish Civil Code, for the purpose of these general terms and conditions, Force Majeure shall be deemed to include all events occurring which are beyond the control of THECOOLCACTUS, such as: errors on the part of third parties, operators or service companies, Government acts, non-access to third party networks, acts or omissions by Public Authorities, events resulting from natural disasters, power cuts, strikes, changes in public order etc., attacks by hackers, crackers and other third parties to the security or integrity of the IT system or any other which derives from a foreseeable advance in technology. In any event, irrespective of the cause, THECOOLCACTUS shall accept no liability for any direct or indirect damages, consequential damages and/or loss of profits..

THECOOLCACTUS disclaims liability for any kind of damage that might result from the presence of viruses or other harmful elements in the contents which can alter IT systems as well as documents and systems stored on them.

THECOOLCACTUS shall not be held responsible for the use made by the Users of the Website’s contents, nor their password or any other material contained in the Website, which might entail a breach of any type of regulation or guideline, national or international, governing intellectual or industrial property rights or any other third party right. Likewise, THECOOLCACTUS shall not be held responsible for any possible security errors that might be produced as a result of using browsers that have not been updated, or the consequences that might derive from the malfunctioning of the browser, whether due to incorrect configuration, the presence of a computer virus or any other cause not attributable to THECOOLCACTUS..

Links to Third Parties (Outbound Links)

The service to access the Website might include technical linking mechanisms, directories and even search tools which permit the Users to access other websites (hereinafter “Linked Sites”). In such cases, THECOOLCACTUS acts as a service supplier (in accordance to Article 17 of the Information Society Services and Electronic Commerce Act 34/2002 (hereinafter the “LSSI”) of 11 July) and shall only be liable for the contents and service supplied on the Linked Sites insofar as it has effective knowledge of the illicitness or that third party goods and rights might be harmed and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, they may report this to THECOOLCACTUS through the e-mail specified at the beginning of this Legal Notice, providing:

(a) the name, address, phone number and email address of the notifier;

(b) a description of the facts that reveal the illegal or inappropriate nature of the Linked Site; and

(c) an express statement confirming the accuracy of the information. In no case shall this communication entail the obligation to remove the link or entail supposed, in accordance with the LSSI, or actual knowledge of the activities and/or contents indicated by the notifier.

In no event shall the existence of Linked Sites entail the presumption of agreements with the owners or those responsible for the Linked Sites, nor the recommendation, promotion or identification of THECOOLCACTUS with the statements, content or service provided.

THECOOLCACTUS does not know the contents and services of the Linked Sites and as such shall not be held responsible for damages caused by the illicitness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or any other damage that is not directly attributable to THECOOLCACTUS, with the exception of the liability set out in Article 17 of the LSSI.

If Users decide to visit and/or use any of the Linked Sites, they shall do so at their own risk and shall take the relevant protective measures against viruses or other harmful elements

6 - Links to the Website (Inbound Links)

If the User wishes to include links on his own website to the Website he must comply with the conditions listed below;

the link will only link to the Homepage or the main page of the Website but cannot reproduce either in any way (inline links, deep links, browser or border environment, copying texts, graphics, etc.);
it is forbidden in any case for the link to consist of frames that allow the Website and/or its content to be viewed via internet addresses other than those of the Website, or that in any other way display information from the Website together with information from other websites in such a way as to: (i) create or cause error, confusion to the Users or be misleading as to the true origin of the service and content; (ii) involve an act of comparison or unfair imitation (iii) exploit the brand reputation and prestige of THECOOLCACTUS; or (iv) be otherwise considered prohibited by law;
no representation or false, inaccurate or incorrect indication of THECOOLCACTUS, its employees, customers, Users or the quality of the services provided shall be made from the website which links to the Website;
in no case must the website with the inbound link express or insinuate that THECOOLCACTUS has consented to the inclusion of the link or otherwise sponsors, collaborates, verifies or supervises the other’s website services;
the use of any trademark, graphic or mixed mark or other distinctive sign of THECOOLCACTUS within the third party’s website is prohibited except as permitted by law or expressly authorised by THECOOLCACUS and where permitted, the direct like to the Website shall be set up in accordance with this clause;
The website with the inbound link shall comply with the law and under no circumstances may provide or link to their own or third party contents that:
(i) are unlawful or contrary to morality, decency and good practice (pornographic, violent, racist etc.);
(ii) induces or could induces the Users to hold the false impression that THECOOLCACTUS subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the third party website;
(iii) are inappropriate or irrelevant to the activity carried out by THECOOLCACTUS in relation to the place, content and theme of the third party website.
An inbound link on a third party website does not imply in any case the existence of any kind of relationship between THECOOLCACTUS and the owner of the website with the inbound link, nor the acceptance and approval of THECOOLCACTUS of its contents or services offered therein and made publicly available.
THECOOLCACTUS shall be able to request, at any time and without having to give reasons for the request, that any link to the Website is removed, after which the person responsible for the website having the link shall remove the link immediately.

7 - Intellectual and Industrial Property

The entire contents of the Website, which shall be deemed to include, without limitation, texts, photographs, graphics, images, icons, technology, software, links, domain names, brands and other contents, including music and other audiovisual or sound contents, the graphic design and source codes, are the exclusive property of THECOOLCACTUS, or third parties whose rights, if any, are acknowledged by THECOOLCACTUS, and are subject to intellectual and industrial property rights protected by national and international legislation..

It is strictly forbidden to use any of the elements that are the subject of any intellectual or industrial property with any type of purpose, especially commercial, as well as its distribution, public communication, modification, alteration, transformation or decompilation unless expressly authorised in writing by THECOOLCACTUS or the right owner themselves.

8 - General Information

Any clause or provision of this Legal Notice that is, or becomes, unlawful, invalid or unenforceable will be excluded from the Legal Notice and will be considered inapplicable insofar as it is illegal, invalid or unenforceable, and will be replaced by another clause that is as close as possible to the offending clause, but shall not affect or prejudice the remaining provisions, which shall be severed from any illegal, invalid or unenforceable clause or provision and shall remain in full force and effect.

THECOOLCACTUS excludes any type of guarantee or warranty and therefore is free of all liability derived from the above points, as well as other issues that might not be envisaged in the Website Terms and Conditions.

9 - Applicable Law and Jurisdiction

Unless otherwise set out by the applicable law, for any dispute or anything concerning the Website, Spanish law will apply, expressly waiving the rights of the parties to chose their own jurisdiction and submitting them to the resolution that any dispute deriving from or related to the use of the Website shall be submitted to the Courts and Tribunals of the city of Madrid (Spain).

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