1. IDENTIFICATION DATA
1.1 INCALTEC INDUSTRIAL S.A. (hereinafter, INCALTEC) is an entity, property of INCALTEC INDUSTRIAL S.A., whose registered office is located in the INDUSTRIAL POLÍGONO DE FUENTECIEGA, C / Los Álamos, 39, 26200 Haro – La Rioja (SPAIN) and whose CIF is A26288324. Telephone (34) 941 311 369. The contact email address is the following: firstname.lastname@example.org
2. OBJECT AND SCOPE OF APPLICATION
2.1 These are the general conditions (hereinafter «general conditions») that regulate the access, navigation and use of the websites under the domain «incaltec.es» (hereinafter, incaltec.es or Website), as well as the responsibilities derived from the use of its contents (henceforth understood as «contents» the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property).
2.2 It will be understood that the access or the mere use of incaltec.es by the User implies the adhesion of the latter to the general conditions that INCALTEC has published at each moment in which they access incaltec.es. Consequently, the User must carefully read these general conditions.
In this sense, the User will be understood as the person who accesses, navigates, uses or participates in the services and activities, free or lucrative, developed in incaltec.es.
2.3 These general conditions are intended to regulate the access, navigation and use of incaltec.es, but independently of them, INCALTEC may establish certain conditions that regulate the use and / or contracting of specific services offered to Users through the incaltec.es
Also, through incaltec.es, INCALTEC may enable third parties to advertise or provide their services. In these cases, INCALTEC will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, can not be held responsible for them.
2.4 Before using and / or contracting the specific services provided by INCALTEC, the User must carefully read the corresponding special conditions created for this purpose by INCALTEC. The use and / or contracting of said specific services implies the acceptance of the particular conditions that regulate them in the version published by INCALTEC at the moment in which such use and / or contracting takes place.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. INCALTEC is the owner or has the corresponding license on the rights of exploitation of intellectual and industrial property of incaltec.es, as well as the rights of intellectual, industrial and image property on the contents available through it.
3.2. In no case shall it be understood that the access and navigation of the User implies a waiver, transmission, license or total or partial transfer of said rights by INCALTEC.
3.3. As a result, it is not permitted to delete, avoid or manipulate the copyright notice and any other information identifying the rights of INCALTEC or its owners included in the contents, as well as the technical protection devices, fingerprints or any information and / or identification mechanisms that may be contained in the contents.
3.4. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents included in the incaltec .is for public or commercial purposes, if you do not have the express written authorization of INCALTEC or, as the case may be, the holder of the rights to which it corresponds.
4.1. Access to incaltec.es by Users is free and free, however, some of the services and content offered by INCALTEC or third parties through incaltec.es may be subject to prior contracting of the service or product and to the payment of an amount of money in the form determined in the corresponding Particular Conditions, in which case they will be made available to you in a clear manner.
4.3. It is forbidden to contract products and services through incaltec.es by minors, and must obtain prior consent, from their parents, guardians or legal representatives, who will be considered responsible for the acts they carry. out minors under their charge, according to current regulations.
5. USE OF THE PAGE
5.1. The contents included in the incaltec.es are only provided to consumers or end users. Any unauthorized commercial use of the same, or its resale, is prohibited, unless you have the prior written authorization of INCALTEC.
5.2. If for the use and / or hiring of a service in the incaltec.es, the User should proceed to its registration, he will be responsible for providing truthful and lawful information. If as a consequence of the registration, the User is given a password, he / she commits to make diligent use and to keep the password secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that are provided by INCALTEC, and agree not to assign their use to third parties, either temporary or permanent, or to allow their access to outsiders The User will be responsible for the unlawful use of the services by any illegitimate third party who uses a password for this purpose due to a non-diligent use or loss of the same by the User.
However, it is important to note that the identification and authentication by username and password is an unreliable method compared to the advanced electronic signature.
5.3. By virtue of the foregoing, it is the obligation of the User to immediately notify the managers of incaltec.es about any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. While such events are not reported, INCALTEC will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
5.4. The access, navigation and use of incaltec.es is the responsibility of the User, for which the User undertakes to diligently and faithfully observe any additional instructions given by INCALTEC or by authorized personnel of INCALTEC regarding the use of incaltec.es and its contents .
5.5 Therefore, the User undertakes to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from: using the contents for purposes or effects contrary to law, morality and generally accepted good practices or to public order; 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; use the contents and, in particular, the information of any kind obtained through the page or the services to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages directed to a plurality of persons regardless of their purpose, as well as to abstain from marketing or disclosing said information in any way.
6. LICENSE ON COMMUNICATIONS
6.1. In the event that the User sends information of any kind to incaltec.es, he declares, guarantees and accepts that he has the right to freely do so, that said information does not infringe any intellectual property, trademark, patent or trade secret rights. , or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
6.2. The User acknowledges the responsibility and will leave INCALTEC harmless for any communication that it provides personally or in its name, reaching such responsibility without any restriction the accuracy, legality, originality and ownership of it.
6.3. The acceptance of these general conditions implies the exclusive assignment on the part of the User of any right of exploitation of intellectual or industrial property that the User could hold on the communications made through incaltec.es or INCALTEC
7. RESPONSIBILITIES AND GUARANTEES
7.1. INCALTEC does not guarantee the legality, reliability, usefulness, veracity or accuracy of the services or information provided through incaltec.es.
7.2. Consequently, INCALTEC does not guarantee or be responsible for:
1. the continuity of the contents of incaltec.es;
2. the absence of errors in said contents or the correction of any defect that may occur;
3. the absence of viruses and / or other harmful components in incaltec.es or in the server that supplies it;
4. the invulnerability of incaltec.es and / or the impregnability of the security measures adopted in it;
5. the lack of usefulness or performance of the contents of incaltec.es;
6. the damages caused to itself or to a third party, any person who infringes the conditions, norms and instructions that INCALTEC establishes in incaltec.es or through the violation of the security systems of incaltec.es.
However, INCALTEC declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of incaltec.es and avoid the existence and transmission of viruses and other harmful components to Users.
8.1. In incaltec.es, the User may find links to other web pages through different buttons, links, banners, etc., which are managed by third parties. INCALTEC does not have the faculty or human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links are established from incaltec.es. Consequently, INCALTEC can not assume any responsibility for any aspect related to the web page to which a link is established from incaltec.es, specifically, by way of example and not limited to its operation, access, data, information , archives, quality and reliability of its products and services, its own links and / or any of its contents, in general.
8.2. The establishment of any type of link by incaltec.es to another website does not imply that there is any kind of relationship, collaboration or dependency between INCALTEC and the person responsible for the external website.
Links on other websites to incaltec.es
8.3. If any User, entity or website wishes to establish any type of link to incaltec.es, it must comply with the following stipulations:
– The link can only be directed to the Main Page or Home of incaltec.es, unless expressly authorized in writing by INCALTEC.
– The link must be absolute and complete, that is, it must take the User, through a click, to the URL of INCALTEC http://www.incaltec.es and must fully cover the full length of the page screen Principal of incaltec.es. In any case, unless INCALTEC expressly authorizes it and in writing, the website that makes the link may reproduce, in any way, incaltec.es, include it as part of its website or within one of its «frames» or create a «browser» on any of the pages of incaltec.es.
– The page that establishes the link can not be declared in any way that INCALTEC has authorized such link, unless INCALTEC has done so expressly and in writing. If the entity that makes the link from your page to incaltec.es correctly want to include on its website the brand, name, trade name, label, logo, slogan or any other type of identifying element of INCALTEC and / or incaltec.es , you must previously have your express authorization in writing.
– INCALTEC does not authorize the establishment of a link to incaltec.es from those web pages that contain illegal, illegal, degrading, obscene material, information or content, and in general, that contravene morality, public order or generally accepted social norms .
8.4. INCALTEC does not have the faculty or human and technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to incaltec.es. INCALTEC does not assume any responsibility for any aspect related to incaltec.es that establishes this link with destination to incaltec.es, specifically, by way of example and not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
Services provided by third parties through incaltec.es
8.5. INCALTEC does not guarantee the legality, reliability and usefulness of the services provided by third parties through this page or on which INCALTEC only acts as an advertising medium.
8.6. INCALTEC will not be responsible for damages of any kind caused by the services provided by third parties through this page, and in particular, by way of example, those caused by:
– the breach of law, morality or public order;
– the incorporation of viruses or any other computer code, file or program that may damage, interrupt or impede the normal operation of any software, hardware or telecommunications equipment;
– infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind.
– the performance of acts that constitute illicit, deceptive or unfair advertising and, in general, that constitute unfair competition;
– the lack of veracity, accuracy, quality, relevance and / or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible;
– infringement of the rights to honor, to personal and family privacy and to the image of persons or, in general, any type of rights of third parties;
– the inadequacy for any kind of purpose and the disappointment of the generated expectations, or the vices and defects that could be generated in the relationship with third parties;
– the breach, delay in compliance, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
9. DURATION AND MODIFICATION
9.1. INCALTEC may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way as these general conditions appear or through any type of communication addressed to Users.
9.2. The temporary validity of these general conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified general conditions will become valid.
9.3. Notwithstanding the provisions of the particular conditions, INCALTEC may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the User’s ability to demand any compensation. After said termination, the prohibitions of use of the contents set out above in these general conditions will remain in force.
10.1. The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the general conditions.
10.2. If there is a discrepancy between the provisions of these general conditions and the specific conditions of each specific service, the provisions of the latter will prevail.
10.3. In the event that any provision or provisions of these general conditions are considered null and void or inapplicable, in whole or in part, by any court, tribunal or competent administrative body, said nullity or non-application will not affect the other provisions of the general conditions or the particular conditions of the different INCALTEC services.
10.4. The non-exercise or execution by INCALTEC of any right or provision contained in these general conditions will not constitute a waiver thereof, unless acknowledgment and agreement in writing on its part.
11.1. The relationships established between INCALTEC and the User shall be governed by the provisions of current regulations regarding the applicable legislation and the competent jurisdiction. However, for those cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, INCALTEC and the User, expressly waiving any other jurisdiction that may correspond, are subject to the Courts and Tribunals of the city of Haro