1. RECIPIENTS AND CHANGES TO THE WEBSITE
These General Conditions regulate the use of the Website: www.grupokonecta.com, and those linked thereto that the GRUPO KONECTANET, S.L.U., with VAT ID number B-87132932, and registered office in c/ Serrano 41 2ª planta 28001 Madrid, registered in the Mercantile Register of Madrid under Volume 32,789, Folio 210, sect. 8, Page M-590179, Entry 1 (hereinafter “KONECTA”), makes available to its users (hereinafter, “User”). The use of this Website implies full acceptance of all General Conditions of Use of the Website in force at the time of access by the User. Hence, where the latter does not agree with any of the conditions set forth herein, said User shall refrain from using this Website. KONECTA reserves the right to modify these General Conditions of Use of the Website, as well as any other general or particular conditions, regulations of use, instructions or warnings, which may be applicable at any time. Likewise, KONECTA reserves the right to suspend, interrupt or cease to operate the Website at any time.
KONECTA facilitates access to different content, information and data (hereinafter “Content”) made available to the user by KONECTA or third party service and content providers through its Website. KONECTA reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the Contents and conditions required to use them.
3. CONDITIONS FOR ACCESS AND USE OF THIS WEBSITE
3.1. Access to and use of the Website
The User recognizes and accepts that access to this Website and/or the Content herein contained takes place freely and consciously, under his/her sole responsibility. The User agrees to make a suitable and licit use of this Website and its Content, in accordance with the applicable legislation, with these General Conditions of Use of the Website, and the generally accepted moral, decency and public order. The User shall refrain from (I) making unauthorized or fraudulent use of the Website and/or its Content; (II) accessing or attempting to access resources or restricted areas of the Website, without fulfilling the conditions required for such access; (III) using the Website and/or its Content for illicit or illegal purposes, contrary to the provisions of these General Conditions, to good faith and public order, with the purpose of violating the rights and interests of others, or of damaging, disabling or overloading the Website or preventing its normal use or enjoyment; (IV) causing damage to KONECTA’s physical or logical systems, its suppliers or third parties; (V) introducing or spreading viruses into the computer network, or into any other physical or logical systems with the purpose of causing damage to KONECTA’s physical or logical systems, its suppliers or third parties; (VI) attempting to access to, use and/or tamper data from KONECTA, third party suppliers and other users; (VII) reproducing or copying, distributing, allowing access to the public through any means of public communication, transforming or modifying its Content, unless authorized by the owner of the corresponding rights or where so is legally permitted; (VIII) deleting, concealing or tampering the notes on intellectual or industrial property rights and other identifying data of the rights of KONECTA or third parties incorporated to the Content, as well as of the protection technical devices or any other information mechanisms that may be included in the Content; (IX) obtaining and attempting to obtain Content using, to this end, means or procedures different from those made available for said purpose, as the case may be, or where said means or procedures are expressly indicated in the web pages where the Content is included or, in general, those frequently used on Internet provided that they do not entail any risks for damage or disablement of the Website and/or its Contents.
3.2. Introduction of links
Users who wish to embed a hyperlink or link to KONECTA’s Website must obtain prior authorization by the Company, and be subject to compliance with the following obligations: (I) the link shall only allow access to the Website, but shall not reproduce it in any way; (II) links to pages other than the Home page of the Website (www.grupokonecta.com) shall not be embedded. Also, the link shall open in a separate window in the browser; (III) the use of frames, or any other means that may create the presumption that there is a relationship between KONECTA and the website where the link is included is strictly prohibited; (IV) false, inaccurate or incorrect statements or manifestations about the Website are strictly prohibited; (V) there shall be no declaration or presumption that KONECTA has supervised or assumed in any way the content or services offered or advertised on the website where the link is embedded; (VI) the website where the link is embedded shall not contain any trademarks, trade names, labels, names, logos, slogans or other distinctive signs belonging to KONECTA and/or third parties without express authorization; (VII) the website where the link is embedded shall not contain pictures or any other elements contrary to law, morals, public order, or decency. KONECTA reserves the right to prohibit the inclusion of links to its Website, where it considers that the site where the links is embedded fails to meet the requirements herein indicated, and shall in no event be held liable for the consequences that may result from the introduction of the link by third parties, or from the content, information and/or services offered on the websites where the link is embedded.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User acknowledges and accepts that all intellectual and industrial property rights on the Content and/or any other elements contained in the Website (including without limitation, trademarks, logos, trade names, text, images, graphics, audio and video, databases, software and presentation) belong to KONECTA and/or third parties. In no case shall access to the Website imply any type of waiver, transmission, licensing, or total or partial transfer of said rights, unless explicitly stated otherwise. These Terms and Conditions of Use of the Website do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public disclosure of the Website and/or its Content, other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by KONECTA, or the third-party holder of the rights in question. KONECTA authorizes Users to use, view and print the Content and/or elements included in the Website solely for their personal, private and non-profit use. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, or decompilation are strictly forbidden. For any other use except those expressly permitted, it shall be necessary to obtain previous written consent by the owner of the rights of the element in question. KONECTA shall take legal actions in the event of breaches of its intellectual and industrial property rights.
5. WAIVER OF GUARANTEES AND LIABILITY
5.1. Exclusion of guarantees and responsibility for operating the Website
KONECTA does not guarantee the availability and continuity of the functioning of the Website or of those other websites where a link to its Website has been embedded. Likewise, KONECTA shall in no event be held liable for any damages that may result from (I) lack of availability or accessibility to the Website or to those sites where a link has been embedded; (II) interruption in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads of telephone lines, the Internet system or other electronic systems, produced in the course of their operation ; (III) lack of suitability of the Website for the specific needs of the User; (IV) other damages that may be caused by third parties through unauthorized interference outside KONECTA’s control; (V) the presence of viruses or other elements that may alter the physical or logical systems, electronic documents or files of Users.
5.2 Exclusion of guarantees and of responsibility for operating the Website
KONECTA shall not be held liable, under any circumstances, for the use made by Users and/or third parties of the Website, its Content, applications or related services, or for the damages which may arise from said use.
5.3 Disclaimer of liability for the Content
KONECTA does not edit the Content produced by third parties published on the Website. Consequently, it is not responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said Content.
5.4 Exclusion of guarantees and liability in relation to links
The Website may make available linking technical devices which allow Users to access pages and/or websites belonging to, and/or managed by third parties. KONECTA checks the existing content of said pages when the link is embedded and does so in the belief and good faith that such content complies with the applicable legislation. Nevertheless, in no case shall KONECTA be liable for, nor shall it approve or recognize as its own the products, services, content, information, data, files and any kind of existing materials on said web pages, and shall not monitor and be not liable for, nor shall it approve or claim as its own, any subsequent modifications of said materials. Where deemed advisable or when so requested by a legal or administrative order, KONECTA shall remove links to web pages which infringe the applicable legislation and/or affect third parties’ rights.
6. ACTIONS IN CASE OF NON-COMPLIANCE
KONECTA reserves the right to exercise as many actions as it can under the current law and applicable at any time and in any case to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of Use of the Website and/or related services on the part of a User.
7. PARTIAL NULLITY
The declaration of the nullity, invalidity or inapplicability of any of these general conditions shall not affect the validity or applicability of the other conditions, which shall continue to bind the parties. The waiver by either party to enforce any of the conditions at a particular general moment stipulated here does not imply a waiver of a general nature of the fulfillment of another condition or conditions, nor does it create a right acquired for the other party.
8. APPLICABLE LAW AND JURISDICTION
The service provided by this Website and these Conditions of Use are governed by the Spanish law. To the extent permitted by law, the parties explicitly waive any other jurisdiction which may correspond and agree to submit to the jurisdiction of the Courts and Tribunals of Madrid.