LAW OF INFORMATION SOCIETY SERVICES (LSSI)

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JONATHAN KETTERER GONZALEZ, trading as ‘KATO FITNESS’, the responsible party for this website, hereinafter referred to as the RESPONSIBLE, provides users with this document, which aims to fulfill the obligations set forth in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), and to inform all users of the website regarding the conditions of use.

Anyone accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

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JONATHAN KETTERER GONZALEZ, ‘KATO FITNESS’ SOLE TRADER, reserves the right to modify any type of information that may appear on the website, without any obligation to give notice or inform users of these obligations, with the publication on the KATO FITNESS website being considered sufficient.

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IDENTIFICATION DATA​

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JONATHAN KETTERER GONZALEZ
“KATO FITNESS”
ABN 89 261 262 765
Tel: 61 - 431879735
info@katofitnesspt.com
9/52 Hampton Court RD, Carlton, 2218,  New South Wales, Australia.

 

PURPOSE

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Through the Website, we offer users the possibility to access information about our services.

 

PRIVACY AND DATA PROCESSING

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When it is necessary to provide personal data to access certain content or services, Users must guarantee their truthfulness, accuracy, authenticity, and validity. The company will give such data the corresponding automated treatment based on its nature or purpose, as indicated in the Privacy Policy section.

 

INDUSTRIAL AND INTELLECTUAL PROPERTY

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The User acknowledges and accepts that all the content displayed on the Web Space and especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to 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 on the content and/or any other elements inserted on the page, 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 agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such contents keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to the Web Space imply any type of waiver, transmission, license, or total or partial transfer of such rights unless expressly stated otherwise. These General Conditions of Use of the Web Space do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Web Space and/or its Contents other than those here expressly provided. Any other use or exploitation of any rights will be subject to the prior and expressly granted authorization specifically for that purpose by the company or the third party owner of the affected rights.

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

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Also prohibited is the removal, circumventing, and/or manipulating the "copyright" as well as the technical protection devices, or any other information mechanisms that may contain the contents. The User of this Web Space agrees to respect the rights stated and to avoid any action that could harm them, reserving the company the right to exercise whatever means or legal actions it corresponds to in defense of its legitimate intellectual and industrial property rights.

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OBLIGATIONS AND RESPONSIBILITIES OF THE WEB SPACE USER​

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The User agrees to:

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• Make appropriate and lawful use of the Web Space as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Web Space; (iii) generally accepted morals and good customs and (iv) public order.

• Provide all the means and technical requirements that are needed to access the Web Space.

• Provide truthful information by filling out with their personal data the forms contained in the Web Space and to keep them updated at all times so that they respond, at every moment, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

 

However, set forth in the previous section the User must also refrain from:

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• Making unauthorized or fraudulent use of the Web Space and/or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way can damage, disable, overburden, impair, or prevent the normal use of services, the documents, files, and all kinds of content stored in any computer equipment.

• Accessing or attempting to access resources or restricted areas of the Web Space, without fulfilling the conditions required for such access.

• Causing damage to the physical or logical systems of the Web Space, its suppliers, or third parties.

• 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, suppliers, or third parties.

• Attempting to access, use, and/or manipulate the data of the company, third-party suppliers, and other users.

• Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

• Deleting, hiding, or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.

• Obtaining and trying to obtain the contents using means or procedures other than those that, according to the cases, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the Web Space and/or the contents.

 

In particular, and for illustrative and not exhaustive purposes, the User undertakes not to transmit, disseminate, or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any kind of material that:

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• In any way is contrary, disparages or undermines fundamental rights and public liberties constitutionally recognized in international treaties and other legislation in force.

• Induces, incites, or promotes criminal, denigratory, defamatory, violent, or, in general, contrary to law, morality, generally accepted good customs, or public order.

• Induces, incites or promotes discriminatory actions, attitudes or thoughts on sex, race, religion, beliefs, age, or condition.

• Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to law, morality and generally accepted good customs, or public order.

• Induces or may induce an unacceptable state of anxiety or fear.

• Induces or incites to engage in dangerous, risky, or harmful practices for health and psychic equilibrium.

• Is protected by the legislation on intellectual or industrial protection belonging to the company or third parties without the intended use being authorized.

• Is contrary to the honor, personal and family privacy, or people's own image.

• Constitutes any type of advertising.

• Includes any type of virus or program that prevents the normal functioning of the Web Space.

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If to access some of the services and/or contents of the Web Space, a password is provided to the User, he/she is obliged to use it diligently, keeping it secret at all times. Consequently, he/she will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, he/she is obliged to notify the company of any event that may involve improper use of his/her password, such as its theft, loss, or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as the previous notification is not made, the company will be exempt from any responsibility that could arise from the improper use of his/her password, being his/her responsibility any illegal use of the contents and/or services of the Web Space by any illegitimate third party. If in a negligent or malicious manner you fail to comply with any of the obligations set forth in these General Conditions of Use, you will be liable for all damages that may arise from such failure for the company.

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RESPONSIBILITIES​

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Continued access, correct visualization, downloading, or usefulness of the elements and information contained in the website may be impeded, hindered, or interrupted by factors or circumstances that are beyond its control. It is not responsible for decisions that could be taken as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately if it is detected that a use of its Web Space, or any of the services offered on it, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims, or expenses arising from the use of the Web Space.

It will only be responsible for removing, as soon as possible, the contents that could generate such damages, provided that this is notified. In particular, we will not be responsible for damages that could arise, among others, from:

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• 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 telecommunication lines and networks, or by any other cause beyond the control of the company.

• Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.

• Improper or inappropriate abuse of the Web Space.

• Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrator of the web space reserves the right to withdraw, totally or partially, any content or information present on the Web Space.

 

The company excludes any liability for damages of any kind that may be due to the misuse of the freely available and used services by the Web Space Users. It is also exempt 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 the consultation services and doubts. On the other hand, in case of causing damages and prejudices by an illicit or incorrect use of such services, the User may be claimed by the company for the damages caused.

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You will hold the company harmless against any damages that may arise from claims, actions, or demands of third parties as a result of your access or use of the Web Space. Likewise, you are obliged to indemnify against any damages that arise from the use on your part of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or of any other action on your part that imposes an unreasonable burden on the operation of the Web Space.

 

HYPERLINKS

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The User undertakes not to reproduce in any way, even through a hyperlink or hyperlink, the Web Space, as well as any of its contents, unless expressly written authorization is granted by the file manager.

The Web Space may include links to other web spaces, managed by third parties, in order to facilitate the User's access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such Web spaces, nor does it stand as a guarantor and/or party offering the services and/or information that may be offered to third parties through third party links.

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It grants the User a limited, revocable, and non-exclusive right to create links to the homepage of the Web Space exclusively for private and non-commercial use. Web spaces that include a link to our Web Space (i) may not misrepresent their relationship or claim that such a link has been authorized, or include brands, denominations, commercial names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, incite violence or discrimination based on sex, race, or religion, contrary to public order or illicit; (iii) may not link to any page of the Web Space other than the home page; (iv) must link to the own address of the Web Space, without allowing the web space that performs the link to reproduce the Web Space as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Web Space. The company may request, at any time, to remove any link to the Web Space, after which you must proceed immediately to its removal.

The company cannot control the information, contents, products or services provided by other Web spaces that have established links destined to the Web Space.

 

DATA PROTECTION

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To use some of the Services, it is necessary for the User to provide certain personal data beforehand. The company will process these data automatically, applying the corresponding security measures, all in accordance with GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

 

COOKIES

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The company reserves the right to use the "cookie" technology on the Web Space, in order to recognize you as a frequent User and personalize your use of the Web Space by pre-selecting your language, or more desired or specific contents.

Cookies collect the user's IP address, with Google being responsible for the processing of this information.

Cookies are files sent to a browser by a Web Server to record the User's navigation on the Web Space when the User allows their reception. If you wish you can configure your browser to be warned on screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for further information.

Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide content and offer browsing preferences or advertising to the User, to the demographic profiles of the users as well as to measure visits and traffic parameters, control the progress and number of entries.

 

STATEMENTS AND WARRANTIES

In general, the contents and services offered in the Web Space are merely informative. Therefore, by offering them, no warranty or representation is given regarding the contents and services offered on the Web space, including, without limitation, legal warranties, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such representations and warranties cannot be excluded by law.

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FORCE MAJEURE

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The company will not be responsible in all cases for the impossibility to provide service, if this is due to prolonged interruptions of the electrical supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all the cases of force majeure or fortuitous event.

 

RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION

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These General Conditions of Use, as well as the use of the Web Space, shall be governed by Australian law. To resolve any controversy, the parties will submit to the Courts and Tribunals of the corporate domicile of the Website Responsible.

In the event that any stipulation of these General Conditions of Use is unenforceable or null under applicable law or as a result of judicial or administrative resolution, 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 the modification or replacement of such stipulation by another that is valid and enforceable and that, to the extent possible, achieve the objective and claim reflected in the original stipulation.