LEGAL NOTICE AND CONDITIONS OF USE OF THE WEBSITE
“Browsing this website implies acceptance of these conditions insofar as they may be applicable depending on the use that the user makes of the website. If the visitor or user does not accept these conditions, he/she should refrain from continuing to browse this website, which obviously implies not accessing the contents or using the services, whatever these may be, offered on it.
In the event of any discrepancy between the provisions of these General Conditions and the Particular Conditions of each specific service, the provisions of the latter shall prevail.
In the event that any provision or provisions of these General Conditions should be deemed null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the other provisions of the General Conditions or the Special Conditions of the various FUNDACIÓN KONECTA services.
The failure of FUNDACIÓN KONECTA to exercise or enforce any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by FUNDACIÓN KONECTA”.
The following terms and conditions regulate access to and use of www.fundacionkonecta.org, which is the property of FUNDACIÓN KONECTA (the Organisation) whose registered office is located at calle Serrano, nº 41 – 1ª planta, Madrid, Spain, and whose Tax Identification Number is G84227313, telephone +34 902 193 106 and e-mail contact: email@example.com.
Incorporated for an indefinite period of time by virtue of a public deed granted on 19 January 2005 before the Notary Public of Alcobendas, Jesús Alejandre Alberruche, Protocol No. 111, and registered with the Ministry of Welfare Foundations (Ministry of Labour): 28/1349.
PURPOSE AND SCOPE
The owner of the website reserves the right to revise and modify these terms and conditions without prior notice.
The domain name www.fundacionkonecta.org is the property of FUNDACIÓN KONECTA and its exclusive use is reserved to it.
The purpose of Fundación Konecta portal is to provide the general public with information on the activities that this company carries out in the provision of services, information and training in the field of energy efficiency.
These General Conditions (“General Conditions”) regulate the access, browsing and use of the websites under the domain www.fundacionkonecta.org, as well as the responsibilities derived from the use of their contents (hereinafter “Contents” are understood to be 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).
It is understood that access to or mere use of the Website by the User implies the User’s adherence to the General Conditions that FUNDACIÓN KONECTA has published at any given time when the User accesses the Website. Consequently, the User must and acknowledges, by simply accessing the Website, that he/she has carefully read these General Conditions.
In this sense, “User” shall be understood to be the person who accesses, browses, uses or participates in the services and activities, whether free of charge or for a fee, carried out on the Website.
The purpose of these General Conditions is to regulate access, browsing and use of the Website, but independently of these, FUNDACIÓN KONECTA may establish Particular Conditions that regulate the use and/or contracting of specific services offered to Users through the Website.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
FUNDACIÓN KONECTA is the owner of the intellectual and industrial property exploitation rights of the Website and is also the owner or has the corresponding licence for the intellectual, industrial and image property rights of the contents available through the Website.
By content we mean that all the elements that make up the website, as well as its structure, design, source code, logos, trademarks and other distinctive signs that appear on it, are owned by FUNDACIÓN KONECTA or its collaborators and are protected by the corresponding intellectual and industrial property rights.
The images and other graphic elements contained in the portals are also protected by the corresponding intellectual and industrial property rights.
FUNDACIÓN KONECTA expressly prohibits the use by third parties of any other mechanisms that alter the design, original configuration or contents of our portals.
Under no circumstances shall it be understood that access and browsing by the User implies a waiver, transmission, licence or total or partial transfer of said rights by FUNDACIÓN KONECTA.
Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of FUNDACIÓN KONECTA or its owners included in the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained in the contents.
However, FUNDACIÓN KONECTA authorises the total or partial reproduction of the texts and contents included in the website, provided that each and every one of the requirements listed below are met:
- The integrity of all content is maintained.
- FUNDACIÓN KONECTA is expressly cited as the source and origin of the same.
- The purpose and aim of such use is compatible with the purposes of the Website and/or the activity of FUNDACIÓN KONECTA.
- No commercial use is intended, and distribution, public communication, transformation or decompilation is expressly prohibited.
Any other use must be previously and expressly communicated to and authorised by FUNDACIÓN KONECTA.
Regarding quotations of third party products and services, FUNDACIÓN KONECTA recognises the corresponding industrial and intellectual property rights in favour of their owners, and their mere mention or appearance on the website does not imply the existence of rights or any responsibility whatsoever for them, nor does it imply any endorsement, sponsorship or recommendation.
FUNDACIÓN KONECTA declares its respect for the intellectual and industrial property rights of third parties; therefore, if you consider that our portals may be violating their rights, please contact FUNDACIÓN KONECTA.
Access to the Website by Users is free of charge, however, some of the services and contents offered by FUNDACIÓN KONECTA or third parties through the Website may be subject to the prior contracting of the service or product and the payment of a sum of money in the manner determined in the corresponding Particular Conditions, in which case they will be made clearly available.
The contracting of products and services through the Website by minors is prohibited, and they must duly obtain prior consent from their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with current legislation.
USE OF THE WEBSITE
The contents included in the Website are provided only to end users. Any unauthorised commercial use or resale is prohibited, except with the prior written authorisation of FUNDACIÓN KONECTA.
If, in order to use and/or contract a service on the Website, the User must register, he/she shall be responsible for providing truthful and lawful information. If, as a consequence of registration, the User is provided with a password, he/she undertakes to use it diligently and to keep the password secret in order to access these services.
Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords supplied to them by FUNDACIÓN KONECTA, and undertake not to cede their use to third parties, whether temporary or permanent, nor to allow access to them to third parties. The User will be responsible for the unlawful use of the services by any illegitimate third party who uses a password for this purpose as a result of non-diligent use or loss of the same by the User.
By virtue of the above, it is the User’s obligation to immediately notify the Website managers of any event that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. Until such events are communicated, FUNDACIÓN KONECTA will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorised third parties.
Access, browsing and use of the Website is the responsibility of the User, and the User therefore undertakes to diligently and faithfully observe any additional instructions given by FUNDACIÓN KONECTA or by authorised FUNDACIÓN KONECTA personnel regarding the use of the Website and its contents.
The User undertakes to use the contents in a diligent, correct and lawful manner. The user is also informed and assumes that it is expressly forbidden to use the website to use the contents for purposes or effects contrary to law, morality and good customs or public order; as well as to reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted and, of course, for any purpose that involves a breach of these conditions.
Likewise, it is forbidden for the user to enter content or information of a xenophobic or pornographic nature or that violates human rights on the website.
Finally, the inclusion or dissemination through the website of viruses, malware or illegal advertising is expressly prohibited.
PROTECTION OF PERSONAL DATA
The personal data requested for the provision of our services are subject to the provisions of the European Data Protection Regulation and the LOPDGDD and each form will provide the basic information required by European legislation.
The collection and processing of this data is carried out by FUNDACIÓN KONECTA and its purpose is to manage the requests made and the questions arising from them.
The services provided by FUNDACIÓN KONECTA are aimed at people over 18 years of age. In the exceptional case that a service specifically aimed at minors under this age is developed, FUNDACIÓN KONECTA will request the consent of parents or guardians for the collection of personal data or, where appropriate, for the processing of the same.
FUNDACIÓN KONECTA undertakes to comply with its obligation of secrecy with regard to the personal data supplied and the duty to treat them with confidentiality and reserve, in accordance with current legislation. To this end, it will adopt the necessary measures to avoid their alteration, loss, unauthorised processing or access.
FUNDACIÓN KONECTA has adopted and will adopt all mandatory technical and organisational security measures, in accordance with current legislation and existing quality standards in the sector, in order to guarantee maximum security and confidentiality of communications.
FUNDACIÓN KONECTA undertakes to use all the technical and technological means at its disposal to maintain and store Users’ personal data securely and to prevent unauthorised access, inappropriate use and loss.
You can consult all the information on the processing of personal data at the following link: https://www.fundacionkonecta.org/politicaprivacidad.
COMMERCIAL COMMUNICATIONS VIA E-MAIL OR SIMILAR MEANS
In any case, users may oppose or express their refusal to receive commercial information by electronic means by sending an e-mail to firstname.lastname@example.org, with this possibility being provided in each communication sent to them.
FUNDACIÓN KONECTA reserves the right to limit or interrupt access to Our Website, as well as the offer or provision of any services and products advertised therein at any time and without prior notice, for reasons of maintenance, security, electrical failure, technical or other reasons, without any liability or right to request any financial compensation. FUNDACIÓN KONECTA will not assume any direct or indirect liability for direct or indirect damage or loss of profit that may arise from the unavailability of Our Website or the services of FUNDACIÓN KONECTA.
FUNDACIÓN KONECTA may include links to third parties and/or external websites outside the control of FUNDACIÓN KONECTA. Although we will periodically verify the legality, veracity and relevance of these sites, we cannot guarantee their quality. In these cases, FUNDACIÓN KONECTA cannot guarantee nor can it assume any type of responsibility for such external content or for any damage or harm that may be caused by accessing these sites. FUNDACIÓN KONECTA will only be responsible, in accordance with Article 17 of Law 34/2002 of the Information Society and Electronic Commerce Services Act, of 11 July 2002, for those contents that, having had effective and reliable knowledge of the unlawfulness, it has not removed or deactivated the link to them.
In compliance with the duty to provide information about online dispute resolution in accordance with Article 14.1 of Regulation (EU) 524/2013, we would like to inform you that the European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/
DURATION AND MODIFICATION
FUNDACIÓN KONECTA may modify the terms and conditions set forth herein, in whole or in part, by publishing any change in the same form in which these General Conditions appear or through any type of communication addressed to Users.
The temporary validity of these General Conditions therefore coincides with the time of their exhibition, until they are totally or partially modified, at which time the modified General Conditions will come into force.
Regardless of the provisions of the Particular Conditions, FUNDACIÓN KONECTA may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in these General Conditions shall remain in force.
The relations established between FUNDACIÓN KONECTA and the User shall be governed by the provisions of the regulations in force in Spain regarding the applicable legislation and competent jurisdiction. However, for those cases in which the regulations foresee the possibility of the parties submitting to a jurisdiction, FUNDACIÓN KONECTA and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid.