ELEMENTOS PARA LA TRACCIÓN Y EXCAVACIÓN, S.A., the person responsible for the website, hereinafter the DATA CONTROLLER, makes this document, which is intended to comply with the obligations provided in Spanish Act 34/2002 of July 11, 2002, on Information Society and Electronic Commerce Services (LSSICE), Spanish Official State Journal No. º 166, available to users as well as informing all users on the website’s conditions of use.
Any person who accesses this website acquires the status of user, and as such undertakes to strictly observe and comply with the provisions provided herein, as well as any other applicable legal clause.
ELEMENTOS PARA LA TRACCIÓN Y EXCAVACIÓN, S.A. reserves the right to modify any type of information that may appear on the website, without any obligation to notify or make users aware of such modifications, with publication on the website of ELEMENTOS PARA LA TRACCIÓN Y EXCAVACIÓN, S.A. being understood as sufficient.
1. IDENTIFICATION DETAILS
- Commercial name: ETESA
- Company name: ELEMENTOS PARA LA TRACCIÓN Y EXCAVACIÓN, S.A.
- ID Number: A28193167
- Telephone: +34 91 747 51 90
- email: email@example.com
Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
- INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents shown on the Web Space and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents 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 agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the company free from any claim arising from the breach of such obligations. Under no circumstances does access to the Web Space imply any kind of waiver, transmission, licence or total or partial assignment of such rights, unless expressly established to the contrary. These General Conditions of Use of the Web Site do not confer upon the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The company is the owner of 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 these elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the said Entity.
It is also forbidden to remove, evade and/or manipulate the «copyright» as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Space undertakes to respect the rights set out above and to avoid any action that could damage them, and the company reserves the right to exercise any means or take any legal action that may correspond to it in defence of its legitimate intellectual and industrial property rights.
- OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE
The User agrees to:
- To make an adequate and licit use of the Web Space as well as of the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Site; (iii) the generally accepted morals and good customs and (iv) the public order.
- To provide all the means and technical requirements needed to access the Web Site.
- To provide truthful information when filling in the forms contained on the Web Site with their personal data and to keep them updated at all times so that they respond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties by the information provided.
Howeverthe provisions of the previous section, the User must also refrain from
- Making unauthorised or fraudulent use of the Web Space and/or its contents for purposes that are illicit, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or the documents, files and all types of content stored on any computer.
- Access or try to access resources or restricted areas of the Web Space, without fulfilling the conditions required for such access.
- Cause damage to the physical or logical systems of the Web Site, its suppliers or third parties.
- Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.
- Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
- Delete, hide or manipulate 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 into the contents.
- Obtain and attempt to obtain the contents by using means or procedures other than those which, depending on the case, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are located or, in general, those which are normally used on the Internet as they do not entail a risk of damage or disablement of the Web Space and/or the contents.
- In particular, and as an indication and not as an exhaustive list, 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 that is contrary, disregards or attempts against fundamental rights and public freedoms recognized in the Constitution, in International Treaties and in the rest of the legislation in force; — Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order. — Induces, incites or promotes actions, attitudes or thoughts that are discriminatory for reasons of 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 the law, morality and generally accepted good customs or public order. Induce or may induce an unacceptable state of anxiety or fear — Induce or incite to engage in dangerous practices, risky or harmful to health and psychological balance — It is protected by legislation on intellectual or industrial protection belonging to society or third parties without having been authorized the use intended. — Is contrary to the honour, personal and family privacy or to the image of the people itself. constitutes any type of advertising. includes any type of virus or program that prevents the normal functioning of the Web Space.
In particular, and as an indication and not as an exhaustive list, 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 that is contrary, disregards or attempts against fundamental rights and public freedoms recognized in the Constitution, in International Treaties and in the rest of the legislation in force; — Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order. — Induces, incites or promotes actions, attitudes or thoughts that are discriminatory for reasons of 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 the law, morality and generally accepted good customs or public order. Induce or may induce an unacceptable state of anxiety or fear — Induce or incite to engage in dangerous practices, risky or harmful to health and psychological balance — It is protected by legislation on intellectual or industrial protection belonging to society or third parties without having been authorized the use intended. — Is contrary to the honour, personal and family privacy or to the image of the people itself. constitutes any type of advertising. includes any type of virus or program that prevents the normal functioning of the Web Space.
We do not guarantee continuous access, nor the correct visualization, downloading or use of the elements and information contained in the website that may be prevented, hindered or interrupted by factors or circumstances beyond our control. It is not responsible for the decisions that could be taken as a consequence of the access to the contents or information offered.
The service may be interrupted, or the relationship with the User immediately terminated, if it is detected that a use of its Web Space, or of any of the services offered therein, is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site.
You will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that you are notified. In particular, we shall not be liable for any damages that may arise, inter alia, from
- interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads or errors in telecommunications lines and networks or by any other cause beyond the control of the company.
- Illegal interference through the use of malicious programs of any kind and by any means of communication, such as computer viruses or any other.
- undue or inadequate abuse of the Web Space.
- security or navigation errors produced by a malfunctioning browser or by the use of non-updated versions of the same. The Webspace administrator reserves the right to withdraw, in whole or in part, any content or information present on the Webspace.
The company excludes any liability for damages of any kind that may be due to the improper use of the services of free disposal and use by the Users of Web Space. Likewise, it is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being only for the provision of consultation and doubt services. On the other hand, in the event of causing damage or harm due to the illicit or incorrect use of said services, the User may be held responsible for the damage or harm caused.
You shall hold the company harmless against any damages arising from claims, actions or demands by third parties as a result of your access or use of the Web Space. Likewise, you undertake to indemnify the company against any damages arising from your use 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 Web Site.
The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Web Space, or any of its contents, unless expressly authorised in writing by the person responsible for the file.
Web Space may include links to other web spaces, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. In accordance with this, the company is not responsible for the content of said Web spaces, nor is it in a position to guarantee and/or offer the services and/or information that may be offered to third parties through the links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not falsify their relationship or claim that such a link has been authorised, nor may they 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, inciting violence or discrimination for reasons of sex, race or religion, contrary to public order or illegal; (iii) you may not link to any page of the Web Site other than the home page; (iv) you must link to the Web Site address itself, without allowing the linking Web Site to reproduce the Web Site as part of its website or within one of its frames or to create a browser on any of the pages of the Web Site The company may request, at any time, that it remove any link to the Web Site, after which it must immediately proceed to remove the link.
The company cannot control the information, contents, products or services provided by other Web Sites that have established links to the Web Site.
- DATA PROTECTION
The company reserves the right to use «cookie» technology on the Website, in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content.
The cookies collect the user’s IP address and Google is responsible for processing this information.
Cookies are files sent to a browser, by means of a web server, to register the navigation of the User on the Web Space, when the User allows its reception. If you wish, you can configure your browser to notify you on screen of the reception of cookies and to prevent the installation of cookies on your hard disk. Please consult your browser’s instructions and manuals for further information.
Thanks to the cookies, it is possible to recognize the browser of the computer used by the User in order to provide content and offer the navigation or advertising preferences that the User, to the demographic profiles of the Users as well as to measure the visits and traffic parameters, control the progress and number of entries.
- REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered in the Web Space are merely informative. Therefore, in offering them, no guarantee or statement is made in relation to the content and services offered on the Web Space, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such declarations and guarantees cannot be excluded by law.
11. FORCE MAJEURE
The company will not be responsible in all cases of impossibility to provide service, if this is due to prolonged interruptions of 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 event.
- APPLICABLE LAW AND JURISDICTION
All disputes or questions related to this website or the activities carried out on it shall be exclusively ruled by Spanish law, and the Courts and Tribunals closest to MADRID shall be competent for the resolution of all conflicts arising from or related to its use.