1. ADDRESSEES AND MODIFICATIONS OF THE WEBSITE
The present General Conditions regulate the use of the Internet Website: www.grupokonecta.com and linked websites, which GRUPO KONECTANET S.L.U with Tax Identification Code B-87132932 with address at calle Serrano 41 2nd floor 28001 (Madrid) and registered in the Mercantile Register of Madrid Volume 32.789 folio 210 Section 8 Page M-590179 1st inscription (hereinafter called "KONECTA"), makes available to you as a user (hereinafter "User"). The use of the Website implies full acceptance by the User of all the General Conditions of Use of the Website in force at any given time when the User accesses it, and therefore if the User does not agree with any of the conditions set forth herein, he/she must refrain from using this Website. KONECTA reserves the right to modify these General Conditions of Use of the Website at any time, as well as any other general or specific conditions, regulations for use, instructions or notices that may be applicable. KONECTA also reserves the right to suspend, interrupt or cease to operate the Website at any time.
KONECTA provides access through its Website to various contents, information and data (hereinafter "Contents") made available to the User by KONECTA or by third party service and content providers. KONECTA reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the Contents and the conditions required to use them.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1. Access to and use of the Website
The User acknowledges and accepts that access to and use of the Website and/or the Contents included therein takes place freely and consciously, under his/her exclusive responsibility. The User undertakes to make appropriate and lawful use of the Website and the Contents, in accordance with the applicable legislation, these General Conditions of Use of the Website, generally accepted morals and good customs and public order. The User shall refrain from (I) making unauthorised or fraudulent use of the Website and/or the Content; (II) accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access; (III) use the Website and/or the Contents for purposes or effects that are illicit, illegal, contrary to the provisions of these General Conditions, to good faith and public order, harmful to the rights and interests of third parties, or that may in any way damage, render useless or overload the Website or prevent the normal use or enjoyment of the Website; (IV) cause damage to the physical or logical systems of KONECTA, its suppliers or third parties; (V) introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of KONECTA, its suppliers or third parties, (VI) attempt to access, use and/or manipulate the data of KONECTA, third party suppliers and other users; (VII) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless authorised by the holder of the corresponding rights or unless this is legally permitted; (VIII) delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of KONECTA or third parties included in the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents; (IX) obtaining and attempting to obtain the Contents using means or procedures other than those which, as the case may be, 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 because they do not entail a risk of damage or disablement of the Website and/or the Contents.
3.2. Introduction of links
Users wishing to establish a hyperlink or link to the KONECTA Website must obtain prior authorisation from KONECTA and shall be subject to compliance with the following obligations: (I) the link shall only allow access to the Website, but may not reproduce it in any way; (II) no links shall be established to pages other than the home page of the Website www.grupokonecta.com and an exclusive browser window shall be used to open the link; (III) frames may not be used, nor any other means that may create the presumption that there is a relationship between KONECTA and the website where the link is included; (IV) no false, inaccurate or incorrect statements or indications shall be made about the Website; (V) it shall not be stated or implied that KONECTA has supervised or assumed in any way the contents or services offered or advertised on the website where the link is established; (VI) the website on which the link is established shall not contain any trademark, trade name, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to KONECTA and/or third parties, without their authorisation; (VII) the website on which the link is included may not contain information, images or any other elements contrary to the law, morality, public order or good customs. KONECTA reserves the right to prohibit the inclusion of links to its Website in the event that it considers that the site on which the link has been included does not meet the aforementioned requirements and, under no circumstances will it be liable for any consequences that may arise from the introduction of links by third parties, nor for the content, information and / or services offered on the websites on which the link has been established.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all industrial and intellectual property rights over the Contents and/or any other elements inserted in the Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, audio and video, databases, software and presentation) belong to KONECTA and/or third parties. Under no circumstances does access to the Website imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any other rights shall be subject to the prior and express authorisation specifically granted for this purpose by KONECTA or the third party holder of the rights affected. KONECTA authorises Users to use, view and print the Contents and/or the elements inserted in the Website exclusively for their personal, private and non-profit-making 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 is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question. KONECTA will prosecute any infringement of its intellectual and industrial property rights before the courts.
5. EXCLUSION OF WARRANTIES AND LIABILITY
5.1. Disclaimer of warranties and liability for the operation of the Website
KONECTA does not guarantee the availability and continuity of the operation of the Website or those websites to which a link has been established. Likewise, KONECTA shall in no case be liable for any damages that may arise from (I) the lack of availability or accessibility of the Website or those sites to which a link has been established; (II) interruption in the operation of the Website or computer faults, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; (III) the lack of suitability of the Website for the specific needs of the User; (IV) other damage that may be caused by third parties through unauthorised interference beyond the control of KONECTA; (V) the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
5.2 Exclusion of warranties and liability for the use of the Website
KONECTA shall not be liable under any circumstances for the use that Users and/or third parties may make of the Website or the Contents, nor for any damages that may derive from the same.
5.3 Exclusion of warranties and liability for Content
KONECTA does not edit the Contents of third parties published on the Website and is not responsible for the legality, reliability, truthfulness, accuracy, completeness and timeliness of such Contents.
5.4 Exclusion of warranties and liability in relation to links
The Website may make available to Users technical linking devices that allow Users to access pages and/or websites belonging to and/or managed by third parties. KONECTA checks the content of such pages at the time it establishes a link to them and does so in the good faith belief that such content complies with applicable legislation. However, under no circumstances does KONECTA accept responsibility for, approve or endorse the products, services, content, information, data, files and any kind of material existing on such web pages and does not control or accept responsibility for, approve or endorse any subsequent modifications to such material. In the event that it deems appropriate or is required to do so by judicial or administrative order, KONECTA will remove links to those websites that infringe applicable legislation and/or infringe the rights of third parties.
6. ACTIONS IN THE EVENT OF NON-COMPLIANCE
KONECTA reserves the right to take any action available at law to demand any liability arising from the breach of any of the provisions of these General Conditions of Use of the Website by a User.
7. PARTIAL INVALIDITY
The declaration of any of these general conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfilment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions, nor shall it create an acquired right for the other party.
8. GOVERNING LAW AND JURISDICTION
The provision of the Website service and these General Conditions of Use of the Website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid.