The terms and conditions indicated below (hereinafter, “General Conditions”), regulate the access, registration, browsing, download and use of each and every web page in the domain www.mahou.es or any sub-domain or subdirectory belonging to Mahou, S.A. (hereinafter, “Website” or “Websites”) and access to, download and use of any other information, text, graphics, photographs, images, music, sounds, computer applications or accounts in any social platforms that may be created, designed, promoted or disseminated by Mahou, S.A. that can be accessed from the Website or from any other web page or computer application (hereinafter, “Contents”).
In compliance with article 10 of Law 34/2002, dated 11 July, on services for the information and e-commerce company, Mahou, S.A. (hereinafter, the “COMPANY”) provides its users with the following registry data on the owner of the Website and/or the Contents:
Company name: Mahou, S.A.
Tax Identification Number: ES-A28078202
Registry data: Inscribed in the Mercantile Registry of Madrid, in Volume 54, Folio 225, Section 8, Sheet M-1076.
Registered address: C/ Titan, 15, 28045 Madrid.
Contact: users can contact the COMPANY by post addressed to the Company or the Company’s Legal Department, at C/ Titan 15, 28045 Madrid, or by the following e-mail address: firstname.lastname@example.org.
BY ACCESSING, VIEWING OR USING THE MATERIAL OR SERVICES AVAILABLE IN OR VIA THE “WEBSITE” OR THE “CONTENTS” AVAILABLE IN OR VIA THE “WEBSITE” OR OTHER WEB PAGES OR COMPUTER APPLICATIONS, USERS EFFECTIVELY DECLARE THAT THEY UNDERSTAND AND ACCEPT THESE “GENERAL CONDITIONS” AS THE LEGAL EQUIVALENT OF A SIGNED AND BINDING WRITTEN DOCUMENT.
Access to and use of the COMPANY’s Website, and access to and use of the Contents is subject to these General Conditions. Anyone who uses any of the COMPANY’s web pages or Contents is considered a user, and such use implies full, unreserved acceptance of the General Conditions in force at the moment in which the user accesses the web page or Contents. The COMPANY reserves the right to modify these General Conditions at any time. Any changes made in these General Conditions that may affect users’ rights shall be notified via the Company’s Websites during the first week after the modifications are implemented. Apart from such notification informing you of the modification, we suggest that you re-examine these General Conditions periodically, to remain aware of their scope and of any modifications that have been made. By accessing the COMPANY’s Websites after any changes, alterations or updates in the policy have been announced, you implicitly accept the new conditions. Users must be aware that accessing and using the Website and/or the Contents is entirely their own responsibility.
Some services and/or some Contents in the COMPANY’s web pages may be subject to particular conditions, rules or instructions that, where appropriate, replace, complement and/or modify these General Conditions (hereinafter, “Particular Conditions”) and these must be accepted by the user before the services are provided. The provision of such services at the user’s request implies express acceptance of the applicable Particular Conditions.
The expressions “Website” and “Websites” shall be understood to include without being limited to, all contents, data, graphics, texts, logos, trademarks, software, images, animations, musical creations, videos, sounds, drawings, photographs, expressions, information and other elements included in them, and, in general, all creations expressed by any means or on any medium, physical or non-physical, regardless of whether they may be considered intellectual property under the terms of the Reformed Text of the Spanish Law of Intellectual Property.
Users may use the services and material available in the Websites and the Contents exclusively for private purposes, excluding any other type of use and specifically excluding any use intended to produce gain or benefit, directly or indirectly, for the user or third parties.
Both these General Conditions and the Particular Conditions (which include the Rules for Special Promotions, Rules of Competitions, “Sweepstakes”, particular regulations for some services, etc.) that may apply, with prior notification, in specific cases, are expressly and unreservedly accepted by merely accessing the Website, using the material or services in the Website in any way and/or accessing or using the Contents in any way and/or participating in promotions or competitions.
When access to and use of certain material and/or services in the Website and/or the Contents is subject to Particular Conditions, these Particular Conditions shall previously be made known to the user and, as appropriate, shall substitute, complement and/or modify the General Conditions contained herein. Access to and use of said material or services subject to Particular Conditions shall therefore imply full adherence to the applicable Particular Conditions as published at the moment that the user accesses them, and said Particular Conditions shall be incorporated automatically into these General Conditions.
Should there be any contradictions between the terms and conditions established in these General Conditions and those in the Particular Conditions, the terms and conditions stipulated in the Particular Conditions shall prevail always and in all cases, although only in the conflicting stipulations and solely in regard to those materials or services in the Website and/or the Contents to which they specifically apply.
The COMPANY may modify the availability, configuration, contents and services of the Website and the Contents, and also the General Conditions, as it sees fit and with no prior notice. Should these General Conditions be replaced, in whole or in part, said new general conditions, or particular conditions, as the case may be, shall be understood to be accepted in the manner expressed herein. Nevertheless, users of the Website and/or the Contents should periodically review these General Conditions and the Particular Conditions of the services that they use in the Website and/or the Contents, in order to be aware of any modifications to them.
If the user does not accept these General Conditions or the Particular Conditions, they should refrain from accessing the Website and/or the Contents, or having accessed them, should discontinue this use.
Users must establish suitable technical security measures to prevent undesirable effects in their computer systems, files and the communications equipment used to access the internet and, especially, to access the Website and/or the Contents, and should be aware that the internet is not a totally safe medium.
In general, the services and materials offered via the Website and/or the Contents shall be offered in Spanish, although the COMPANY may also, at its discretion, present said services and materials in other languages.
The costs of telephone services or any other type of cost involved in accessing the Website and/or the Contents is exclusively the user’s responsibility.
Minors (persons under the age of 18) may not access, register as users, browse, use, store or download material and/or use the services of any of the COMPANY’s Websites. By registering (indicating whether they are of legal age), users declare and guarantee, under their own responsibility, that they are at least 18 years old.
Since current legislation prohibits the advertising, sale, consumption and supply of alcohol to or by persons under 18 years old, the COMPANY’s Websites and/or Contents are reserved exclusively for persons above this age. However, the COMPANY cannot verify the truthfulness of the information supplied and cannot accept any responsibility for any minors who access the COMPANY’s Websites and/or Contents disregarding this condition of access. The COMPANY recommends that parents, representatives or legal guardians supervise or adopt suitable precautions when minors use the internet, and establish suitable filters to restrict the information and the contents that minors can access.
Users may in no case modify or delete the COMPANY’s identification data. Users may only access the services and material in the Websites and/or the Contents using the means or procedures offered to them for this purpose in the Website itself, or those normally used in the internet for this purpose, and only when these do not imply any infringement of any intellectual or industrial property rights or any damage to the Website and/or its Contents, or the information therein or the services offered.
Users undertake to use the services, the information and the material in the COMPANY’s Websites and/or the Contents in accordance with the Law and these General Conditions. Users may in no case use the Website and/or the Contents in any way that infringes current legislation, offends accepted moral or behavioural standards or alters public order, and shall at all times use the services, information and materials in the Website and/or the Contents in a correct and legitimate fashion.
o Access and browse the materials and services of the Website and/or the Contents at no cost and with no requirement for prior authorisation, notwithstanding the requirement of previously registering and/or accepting the Particular Conditions applying to certain services and specific contents, as stipulated in these General Conditions or, when such is the case, in the Particular Conditions of said services.
o Access the services and material in the Website and/or the Contents exclusively for their own personal use.
Users may under no circumstances do any of the following:
Users shall respond to the COMPANY or to third parties for any damages or prejudicial consequences of any nature that may be caused, directly or indirectly, as a consequence of non-compliance with or disregard for these General Conditions. The COMPANY shall at all times act to protect current legality, and reserves the right to deny access, totally or partially, at its discretion, at any time and without prior notice, to the Website and/or the Contents by any user when any of the circumstances described in this clause apply.
The COMPANY reserves the right to require users to register in order to access certain services or information in the Website and/or the Contents, in which case, the choice of a password shall be requested to permit the user to be personally identified (“username” and “password”). See here for more information on unique user registration.
The assigned access keys shall be personal and non-transferable, and may not be ceded, either permanently or temporarily, to third parties. In this regard, the user undertakes to make diligent use of, and to maintain secret, the password(s) and username(s) assigned in each case to provide access to the Website and/or the Contents. Should the user know or suspect that the password has been lost, stolen or used by a third party, they should inform the COMPANY at the earliest possible moment.
The user shall be responsible for the expenses and the damages and prejudicial consequences caused by access to and use of the Website and/or the Contents by any third party who uses the user’s password(s) and username(s) for this purpose due to lack of diligence or loss of these by the user.
When a user decides to register in order to participate in the competitions, raffles, promotions and other special services that the COMPANY may offer on its Websites, they will be asked to fill in specific forms in each case and must fill in at least those fields that are marked as obligatory in order to enjoy the aims and purposes that each specific service offers. When the form has been filled in correctly, the user shall receive a confirmatory e-mail sent to the e-mail address specified by the user.
It is the user’s responsibility to ensure that all information provided during participation in these services (competitions, raffles, special promotions, etc.) is true and up-to-date.
The obligatory fields are indicated in the form, and failure to provide this information shall prevent the user from registering as a participant.
After filling in the initial form and registering, additional information may be required, with the guarantee that the COMPANY will treat all personal data provided in accordance with the requirements of the General Public Law on Data Protection (LOPD, “Ley Orgánica de Protección de Datos”) and complementary legislation, as indicated in the Privacy and Data Protection Policy section.
The rules and regulations governing participation in the competitions, raffles and other special promotions and specific services shall be established in the specific rules applying to each case.
All material and information in the COMPANY’s Websites and/or Contents are subject to current law on intellectual and/or industrial property. The rights to the material and other elements that appear in the Website and/or the Contents (including, although not limited to, drawings, text, graphics, photographs, audio, video, software, distinctive signs, etc.) belong to the COMPANY or, in some cases, to third parties that have ceded these to the COMPANY. The COMPANY also owns the rights to its logos, trading names, domains and trade marks.
All material or information that a user may provide for the COMPANY’s Website and/or Contents (photographs, audio, video, etc.) must respect the rights to self image and the industrial property rights of others (if such exist), and the user is solely responsible for any claims that may be made against the COMPANY as a result of the use and dissemination of said material or information.
Access to or browsing in the Website and/or the Contents, use, locating or downloading material and/or use of the services by the user may in no case be understood to imply that the COMPANY or the owner of the rights, as the case may be, waives, transfers, licenses or cedes, in whole or in part, the rights indicated above. Users only have the right to exclusively personal and private use, for the sole purpose of enjoying the services offered; any use for commercial purposes or for gain is strictly prohibited.
Consequently, users may not delete, avoid or manipulate notifications of author’s rights (“copyright”) or any other data incorporated into the contents and/or services identifying the COMPANY’s rights or the rights of others, nor delete, avoid or manipulate technical protection devices or any information and/or identification mechanisms incorporated in them.
In particular, the incorporation, in whole or in part, of any material or elements in the Website and/or the Contents in any other websites that are not part of this Website is strictly forbidden without prior written authorisation by the owner of the Website.
References to trading names, trade marks, registered trade marks, logotypes or other distinctive signs, whether the property of the COMPANY or of other companies, imply that such may not be used without the consent of the COMPANY or their legitimate owners. At no time, unless expressly stated, does access to or use of the Website and/or the Contents confer on the user any rights to the trademarks, logotypes and/or distinctive signs included therein and protected by law.
All rights to intellectual and industrial property are reserved, and in particular, the contents, elements and products, as they case may be, included in the Website and/or the Contents may not be modified, attached, copied, reused, exploited in any way, reproduced, transformed, duplicated, subtitled, ceded, sold, hired, lent, publicly communicated, republished on a second or later occasion, incorporated into files, sent by post, transmitted, used, treated or distributed in any way for public or commercial use without express written authorisation from the COMPANY or the owner of the rights, as the case may be.
If an action or omission, whether deliberate or due to negligence, attributable directly or indirectly to a user of the Website and/or the Contents, infringes the COMPANY’s intellectual and industrial property rights or those of a third party and this causes the COMPANY to suffer damage, losses, joint responsibilities, expenses of any nature, sanctions, coercive measures, fines or other payments arising from or derived from any claim, demand, action, lawsuit or process, whether civil, penal or administrative, the COMPANY shall have the right to act against said user using all legal means at its disposal and to claim any quantities corresponding to indemnities, moral damage or damage to its image, consequential damages and lost profits, publicity costs or any other types of cost that may be required to repair the damage, amounts corresponding to sanctions or convictions, interest for late payment, the costs of financing all pecuniary penalties suffered by the COMPANY, legal and defence costs (including those of solicitors and lawyers) in any process in which the COMPANY is sued for the reasons described above for damages and prejudicial consequences caused by the act or omission, without detriment to the right to exercise any other acts to which the COMPANY has a legal right.
Any claims that a user wishes to present in relation to possible infringements of intellectual or industrial property rights related to the Website and/or the Contents should be addressed to the COMPANY’s Legal Department at Calle Titan 15, 28045 Madrid.
The user must understand and accept that any information related to the COMPANY or the companies in the business group of an economic, financial or strategic nature (hereinafter, “Corporate Details”) is offered purely for informational purposes.
The Corporate details have been obtained from reliable sources but, although all reasonable precautions have been taken to ensure that this information is true and factual and may show the business performance of the COMPANY, there can be no guarantee that it is exact, complete or up-to-date and absolute reliance cannot be placed on it.
The Corporate Details that may be found in the Website or, as the case may be, in the Contents, do not constitute any kind of recommendation for investments and cannot be considered as such, nor as financial advice nor any other kind of advice, and nothing included in this information should be used as a basis for making investments or taking business decisions of any type.
Apart from the above, any user who decides to invest in the COMPANY should take into account that the value of their investment may increase or decrease and the user may not recover the investment, in part or in its totality. Benefits achieved in the past do not predict future profits. Rates of exchange and their fluctuations may cause fluctuations in the value of investments.
The Website and/or the Contents may include information or contents provided by sources outside the COMPANY, including information provided by the users of the Website and/or the Contents. The COMPANY does not guarantee, nor accept any responsibility for, the truthfulness, integrity or exactness of such information and/or contents, including the considerations described in the section on “User’s responsibility for the use of the Website and/or the Contents”.
Users may not use the Website and/or the Contents to insert, store or disseminate any content or material that infringes intellectual or industrial property rights, nor, in general, any content that they do not have a legal right to reproduce, distribute, adapt, copy, attach or place at the disposition of third parties. Information shall be understood to mean elements or contents received by a user from the Website and/or via the Contents, or received by any means, whether they be comments, suggestions or ideas, including those that contain videos, text, photographs, images, audio, software, etc. Said contents shall be considered to have been ceded to the COMPANY at no charge, for the maximum time permitted and throughout the world, and may be used by the COMPANY within the limits established by applicable regulations, with no obligations as regards confidentiality of said contents or information. It shall be understood that this concession includes authorisation to use the user’s personal image for the COMPANY’s commercial objectives, with no recompense, when the content is contained in any medium or format. Submission by users of information that cannot be so treated or that contains elements or content owned by third parties is strictly forbidden.
Given the enormous quantity of information that can be stored in the Website and/or the Contents, it is impossible for the COMPANY to verify the originality of the contents submitted by a user or to check that third-party’s rights have not been infringed; the user is solely responsible to all effects for any infringements that may be produced as a result of supplying the information.
The COMPANY may modify the material provided by users in order to adapt it to the formatting requirements of the Website and/or the Contents.
Notwithstanding the stipulations of these General Conditions, when the publication of contents by users is a consequence of participation in a specific competition or promotion, or the use of particular services in the Website and/or the Contents, the legal conditions established in each case in the rules regulating the competition or promotion and/or the specific policies for the use of the web service shall take preference, being complemented by these General Conditions.
Any user wishing to include links or hyperlinks from their own website to the COMPANY’s Website and/or Contents must comply with the conditions described below; ignorance of these shall not exempt the user from any responsibilities derived from non-compliance with these conditions.
The owner of this Content informs users that “cookies” may be used when a user accesses the Content. More information regarding our use of “cookies” may be found here.
The COMPANY declares that it has adopted all measures necessary, within its possibilities and the possibilities offered by existing technology, to guarantee correct operation of the Website and the Contents and prevent the existence and transmission of viruses and other harmful or malicious components that may affect users.
If the user becomes aware of the existence of any illicit or illegal contents or contents that is contrary to law or that could imply an infraction of intellectual and/or industrial property rights, they should notify the COMPANY immediately so that the COMPANY may adopt the appropriate measures.
The COMPANY shall be held harmless for any type of responsibility for damages and prejudicial consequences of any kind or nature in the following cases:
Users of the Website and/or the Contents shall respond personally for the damages and prejudicial consequences of any nature caused directly or indirectly to the COMPANY by non-compliance with the obligations derived from these General Conditions or, when appropriate, the Particular Conditions. In all cases, whatever the cause, the COMPANY shall accept no responsibility whatsoever for direct or indirect damages, consequential damages or lost profit.
The user is solely responsible for the infringements that they may commit or for the damage that they may cause due to use of the COMPANY’s Website and/or Contents, and the latter is exonerated of all responsibility. The user is solely responsible for any claim or legal, judicial or extra-judicial action initiated by a third party against the COMPANY or against the user based on the user’s use of the service or on information supplied by the user to the COMPANY by any means. The user shall assume any costs, expenses and indemnities that may be imputed to the COMPANY as a result of such claims or legal actions.
The COMPANY provides a series of links, banners and other types of redirection with which users may access websites belonging to third parties. Users who access third-party web pages via such connections or links do so at their own risk; the COMPANY shall in no case be held responsible for any damage or prejudicial consequences that may arise as a result of these uses or activities.
The COMPANY offers its contents within Spanish territory. Given the “non territorial” nature of internet access, the COMPANY does not guarantee that the Website and/or the Contents are suitable or available outside Spanish territory. If any or all of the contents or elements hosted in the COMPANY’s Website and/or Contents should be considered illegal in other countries, access to them is prohibited, and any use that may be made of them shall be the exclusive responsibility of the users, who are obliged to respect the laws applicable in these countries.
In principle, access to the Website and the contents and services in the Website and/or the Contents have an indefinite duration, unless otherwise established in the General Conditions, the Particular Conditions or the legislation that applies at any moment. Nevertheless, the COMPANY reserves the right, at any moment and with no prior notification, to suspend, deny or restrict access to its Website and/or the Contents, temporarily or permanently, and to make any changes that it deems necessary in the Website and/or the Contents, in the services or information offered, in their presentation or location, and in the General Conditions. None of the above shall be motive for any indemnities to users.
Any clause or provision of these General Conditions that is or may become illegal, invalid or unenforceable shall be excluded and considered inapplicable inasmuch as it is illegal, invalid or unenforceable, and shall be replaced by another that is as similar as possible to it. However, this shall not affect or prejudice the remaining provisions, which shall be unaffected by any clause or provision that is illegal, invalid or unenforceable and shall remain fully in force.
The COMPANY excludes any type of guarantee and is therefore free of all responsibility derived from the points expressed above or from other aspects not mentioned in this document.
All information received in this Website and/or via the Contents shall be considered to have been ceded to the COMPANY at no charge.
E-mails shall not be considered valid means of presenting claims referring to the contents. Such claims should be addressed to the COMPANY’s Legal Department, at Calle Titan 15, 28045 Madrid, and this Department will indicate the appropriate procedures.
These General Conditions are governed by Spanish law. To resolve any conflicts, all parties shall submit, as they wish, to the Courts and Tribunals of the user’s place of residence, waiving any other jurisdiction. In addition, we are adhered to CONFIANZA ONLINE (“CONFIDENCE ONLINE”), and in accordance with their Code of Ethics, in case of any controversies related to online contracts and publicity, data protection, the protection of minors or user access, users may apply to the extra-judicial online claims resolution system in CONFIANZA ONLINE (www.confianzaonline.es), embodied in the Advertising Jury and the National Consumer Arbitration Council.