The Web Site GRUPFABREGAS.COM (from now on, the “Web Site”) is property of FUNDICION DUCTIL FABREGAS, SAU with CIF A58574518 and head office in GRAN BRETANYA STREET, 41 POL. IND. LES COMES, 08700, IGUALADA.
FUNDICION DUCTIL FABREGAS, SAU welcomes you and invites you to read carefully the General Conditions of Usage of this Web Site that describe the terms and conditions that will be applied to your navigation through the same, in accordance with what it is established in the Spanish Law of application. Since FUNDICION DUCTIL FABREGAS, SAU could modify in a future this Conditions of Use, we recommend you to visit regularly to be properlyinformed about the changes made.
With the intention that the Web Site meets the criteria of transparency, clarity and simplicity, FUNDICION DUCTIL FABREGAS, SAU informs to the USER that any suggestion, doubt or consultation about the General Conditions of Usage will be received and solved by contacting via E-Mail Address firstname.lastname@example.org
FUNDICION DUCTIL FABREGAS, SAU provides the content and services that are available in the Web Site, with subjection to the present General Conditions of Usage as well as the policy about the treatment of personal data (from now on “Policy on data Protection”). The access to the Web Site or its use in any form gives you the qualification of User and implies the acceptance without reserves of all and each one of the present Conditions of Usage, reserving FUNDICION DUCTIL FABREGAS, SAU the right to modify them in any moment. Consequently, it is the responsability of every User the carefully reading of the General Conditions of Usage in force in each of the occasions that access to this Web Site, so that if it does not agree with any of the same ones here ready, it should refrain about the nowadays use of the Web Site.
Also, it remains warned that, sometimes it will be able to establish particular conditions for the use of the Web Site of contents and/or specific services, the use of those contents or services will involve the acceptance of the particular conditions specified in them.
2. PRIVACY AND DATA PROCESSING
When for the access to certain contents or services it is necessary to facilitate data of personal nature, Users shall guarantee their veracity, accuracy, authenticity and validity.
FUNCION DUCTIL FABREGAS, SAU will give such data automated treatment that corresponds in function of its nature or purpose, in the terms indicated in the Policy Section of Data Protection.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and agrees that all the contents displayed on the Web Site and in particular, designes, texts, images, logos, icons, buttons, software, commercial names, brands, or any of the signs susceptible of industrial and/or commercial use are subject to the right of intellectual property and all brands, commercial names or distinctive signs, all rights of intellectual and industrial property, about contents and/or any other elements inserted on the page, are exclusive property of FUNDICION DUCTIL FABREGAS, SAU and/or third parties, who have the exclusive right of using them in the economic traffic. For all these reasons the User agrees to not reproduce, copy, distribute, make available or any other form of communicate publicly, transform or modify such contents maintaining harmless FUNDICION DUCTIL FABREGAS, SAU of any claim arising from the breach of those obligations. In any case the access to the Web Site implies any type of waiver, transmission, license or total transfer, nor partially, of the above mentiones rights, unless the opposite is expressely established. The present General Conditions of Usage of this Web do not confer to the Users any type of utilization, exploitation, alteration, reproduction, distribution or public communication of the Web Site and/or its contents other than those here expressely provided. Any other use or exploitation of any of the right will be subject to the previous and express authorization specially granted to that effect by FUNDICION DUCTIL FABREGAS, SAU or the third holder of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this Web Site, as well as the site itself as a whole, as a artistic multimedia work, are protected as rights of author by the legislation in matter of intellectual property FUNDICION DUCTIL FABREGAS, SAU is holder of the elements that integrate the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content on the Web Site or, in any case has the correspondng auhorization for the use of such elements. The contents provided on the Web Site may not be reproduced in whole or in part, or transmitted, or registered by any system of information retrieval, in any form or by any means, unless you have prior authorization, in writting, of the mentioned Entity.
Also it remains prohibited to remove, evade or manipulate the “copyright” as well as the technical devices of protection, or any mechanism information that may contain the contents. The User of this Web Site agrees to respect the mentioned rights and to avoid any actions that may harm them, reserving in any case FUNDICION DUCTIL FABREGAS, SAU the exercise of many means and legal actions that correspond to it in defense of their legitimate rights of intellectual and industrial property.
4. OBLIGATIONS AND RESPOSIBILITIES OF THE USER IN THE WEB SITE
The User commits itself to:
a) To make a right and lawful use of the Web site as well as the contents and services, in accordance to:
(I) the legislation applicable to each moments;
(II) the General Conditions of the Web Site;
(III) morals and good manners generally accepted and
(IV) the public order
b) to be provided with all the means and technical requirements that are needed to access to this Web Site.
c) Facilitate truthful information to fill in with your personal data the forms contained in the Web Site and to keep them updated all the time in a way that responds, in each moment, the real situation of the User. The User will be the only one responsible for the false or inaccurate manifestations that it performs and the damages that they may cause to FUNDICION DUCTIL FABREGAS, SAU or to third parties for the information that it facilitates.
However what it is established in the previous paragraphs the User shall also refrain from:
a) Make an unauthorized or fraudulent use of the Web Site and/or of the contents with purposes or effects that are illicit, prohibited in the present General Conditions of Usage, harmful of the rights and interests of third parties, or any other form may damage, disable, overload, deteriorate or prevent the normal utilization of the services or the documents, files and all kinds of stored contents in any computer system.
b) Accessing or attempting to access resources or restricted areas of the Web Site, without fullfilling the conditions required for such access.
c) Cause damages in the physical or logical systems of the Web Site, of its suppliers or third parties.
d) Introduce or spread informatic viruses in the network or any other physical or logical systems which are likely to cause damages to the physical or logical systems of FUNDICION DUCTIL FABREGAS, SAU, of its suppliers or third parties.
e) Trying to access, using and/or manipulating the data of FUNDICION DUCTIL FABREGAS, SAU, thirds parties suppliers and other Users.
f) Reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the contents, unless a permission is obtained from the owner of the corresponding rights or it is legally permitted.
g) Remove, hide or manipulate the notes on rights of intellectual or industrial property and other identifying data of the rights of FUNDICION DUCTIL FABREGAS, SAU or thirds incorporated to the contents, as well as technical devices of protection or any information mechanism that can be inserted into the contents.
h) Obtaining or attempting to obtain the contents using for it means or procedures other than those which, as the case may be, have been placed at your disposal to this effect or have been expressly indicated on the Web pages where the contents are or, in general, of those who habitually used on the Internet for not containing a risk of damage or disablement of the Web Site and/or the contents.
i) In particular, and merely indicative and not exhaustive, the User is commited to not transfering, spreading or putting to disposal to third parties information, data, contents, messages, graphics, drawings, files of sound and/or image, photographs, recordings, software and, in general, any class of material like:
(I) In any way contrary, disparages or violates the fundamental rights and public freedoms constitutionally recognized, in the International Treaties and the rest of the current legislation.
(II) Induces, incites or pomotes criminal, slanderous, defamatory, violent or, in general, actions that are contrary to the law, to the moral, to the good customs generally accepted or to the public order.
(III) Induces, incites or promotes actions, attitudes or thoughts that are discriminatory by reason of sex, race, religion, beliefs, age or condition.
(IV) Incorporates, puts at disposal or allows the access to products, elements and messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general contrary to the law, to the moral, to the good customs generally accepted or to the public order.
(V) Induces or may induce to an unacceptable state of anxiety or fear.
(VI) Induces or incites to interfere in dangerous practices, of risk or harmful to the health and psychic balance.
(VII) It is protected by the legislation in intellectual or industrial property matter belonging to FUNDICION DUCTIOL FABREGAS, SAU or to third parties without beeing authorized the use that tries to be performed.
(VIII) It is contrary to the honour, to the personal and familiar privacy or to the self-image of the people.
(IX) Constitutes any other type of advertising.
(X) Includes any other type of virus or program that impedes the normal precessing of the Web Site.
If to gain access to some services and/or contents of the Web Site, you are provided with a password, you undertake to use it in a diligent way, keeping it all the time in secret. Consequently, you will be responsible for its custody and confidentiality, agreeing to not tranfering it to third parties, temporarily or permanently, nor allowing the access to the services and/or contents mentioned by outsiders. Equally, undertakes to notify FUNDICION DUCTIL FABREGAS, SAU any act that may lead improper use of your password, as, a enunciative holder, the theft, loss or the unauthorized access, with the purpose of proceeding to its immediate cancellation. As a consequence, while the previous notification is not performed, FUNDICION DUCTIL FAGREGAS, SAU will be exempted of any responsibility that may arise from the misuse of the password, being your responsibility any illicit utilization of the contents and/or services of the Web Site by any othe illegitimate third party.
If in a negligent or fraudulent way breach any of the established obligations in the present General Conditions of Usage, you will repond to all damages or injuries of the breach may arise for FUNDICION DUCTIL FAGREGAS, SAU.
FUNDICION DUCTIL FABREGAS, SAU does not guarantee the continued access, nor the correct visualization, downloading or usage of the elements and informations contained on the pages, which can be prevented, difficulted or interrupted by factors or circumstances that are beyond its control.
FUNDICION DUCTIL FABREGAS, SAU is not responsible for the decisions that could be taken as a consequence of the access to the contents or infomations offered.
FUNDICION DUCTIL FABREGAS, SAU will be able to interrupt the service or immediately resolve the relationship with the User if it detects a use of the Web Site or if any of the services offerted therein are contrary to the present General Conditions of Usage.
FUNDICION DUCTIL FABREGAS, SAU is not responsible for damages, losses, claims, or expenses arising from the use of the Web Site. It is only responsible for eliminating, as soon as possible, the contents that can generate those damages, whenever this is notified. In particular it will not be responsible for the damages that could arise, among others, of:
(I) Interferences, interruptions, failures, omissions, telephone breakdowns, blockades or disconnections in the operation of the electronic system, motivated by deficiences, overloads aqnd errors in the lines and telecommunication network, or by any other alien cause to the control of FUNDICION DUCTIL FABREGAS, SAU.
(II) Illegitimate intromissions through the use of malicious programs of any kind and through any mass communication, such as computers viruses or any others.
(III) Inadequate or innapropriate abuse of the Web Site.
(IV) Errors of security or navigation caused by a malfunctioning of the browser or the use of non-updated versions of the same.
The administrators of FUNDICION DUCTIL FABREGAS, SAU reserve the right to withdraw, totally or partially, any content or information present on the Web Site.
FUNDICION DUCTIL FABREGAS, SAU excludes any responsibility for damages of any nature that could be due to the wrong utilization of the services of free disposal and use by Users of the Web Site. Also, FUNDICION DUCTIL FABREGAS, SAU is exonerated of any responsibility for the content or informations that could be received as a consequence of the data collection forms, being such forms only for the provision queries and doubts services. On the other hand, in te case of causing damages for an unlawful or improper use of those services, the user could be claimed by FUNDICION DUCTIL FABREGAS, SAU for the damages or injuries caused.
You will defend, indemnify and hold FUNDICION DUCTIL FABREGAS, SAU harmless against any damages or injuries resulting from claims, actions or demands of third parties as a consequence of your access or use of the Web Site. In addition, you agree to indemnify FUNDICION DUCTIL FABREGAS, SAU against damages or injuries arising out of your usage of “robots, “spiders”, “crawlers” or similar tools used in order to gather or extract data or any other action from your part that imposes an unreasonable load on the operation of the web Site.
The user undertakes not to reproduce in any way, not even by a hyperlink, the web Site of FUNDICION DUCTIL FABREGAS, SAU as well as non of its contents, except express and written permittion of FUNDICION DUCTIL FABREGAS, SAU.
The Web Site of FUNDICION DUCTIL FABREGAS, SAU includes links to other web sites managed by third parties, with the aim of facilitating the access to the User to the information of the collaborating companies and/or sponsors. According to this, FUNDICION DUCTIL FABREGAS, SAU is not responsible of the content of such Web sites, nor is in a position of guarantor nor/or part bidder of the services and/or information that can be provided to third parties through the links of thirds.
It grants the user a limited,revocable and non-exclusive right to create links to the home page of the Web Site exclusively for the private and non-commercial use. The Web sites that include a link to our Web Site:
(i) they will not be able to give to understand that FUNDICION DUCTIL FABREGAS, SAU recommends that Web Site or its services or products;
(ii) they will not be able to disort their relationship with FUNDICION DUCTIL FABREGAS, SAU or affirm that FUNDICION DUCTIL FABREGAS, SAU has authorize such link, or include brands, denominations, commercial names, logos or other distinctive signs of FUNDICION DUCTIL FABREGAS, SAU.
(iii) they will not be able to include contents that could be considered distasteful, obscene, offensive, controvertial, that incites to violente or discrimination by reason of sex, race or religion, contrary to public or illegal order;
(iv) they will not be able to link to any page of the Web Site other than the home page;
(v) it will have to link with the propper Web Site address, without allowing that the Web Site performing the Web Site as a part of their Web or inside of one of their “frames” or create a browser” on any of the pages of the Web Site. FUNDICION DUCTIL FABREGAS, SAU will be able to request, in any moment, to remove any linkage to the Web Site, after that, you will have to proceed to the immediate elimination of that link. FUNDICION DUCTIL FABREGAS, SAU cannot control the information, contents, products or services facilitated by other Web sites that have established links with destination to the Web Site.
Consequently, FUNDICION DUCTIL FABREGAS, SAU does not assume any type of responsibility for any related aspect to such Web Sites.
7. DATA PROTECTION
To use some of the services, the Users must previously provide certain personal data. Therefore, FUNDICION DUCTIL FABREGAS, SAU will treat automatically the Personal data in compliance with the Law 15/1999 of 13th December on the Protection of Data of Personal Nature and the RD of development 1720/2007. To do this, the User can access the policy followed in the treatment of personal data as well as the establishment of the previous established purposes, under the defined conditions of the Data Protection Policy presented by the Web Site.
FUNDICION DUCTIL FABREGAS, SAU reserves the right to use “cookie” technology on the Web Site, in order to recognize you as a frequent User and customize your use of the Web Site through the preselection of your lenguage, or more desired or specific contents. The “cookies” used by the Web Site, or the third acting on its behalf, are only associated with an anonymous user and its computes, and do not provide for itselves the personal data of the user.
Cookies are files sent to a browser through a Web server to register the navigation of the User on the Web Site, when the User allows its reception. At the same time it will be able to delete the “cookies” and for that will have to consult the instructions of its browser.
Thanks to the cookies, it is possible that FUNDICION DUCTIL FABREGAS, SAU recognizes the browser of the computer used by the User with the aim of facilitating contents and providing the navigation preferences or advertising that the User, to the demographic profiles of the Users as well as to measure the visits and traffic parameters, monitor the progress and number of entries.
9. DURATION AND TERMINATION
The provision of services of the present Web Site and the other services have at first a indefinite duration. Nevertheless, FUNDICION DUCTIL FABREGAS, SAU will be able to terminate or suspend any of the services of the portal. Whenever possible, FUNDUCION DUCTIL FABREGAS, SAU will announce the termination or suspension of the determined service provision.
10. DECLARATIONS AND GUARANTEES
In general, the contents and services offered on the Web Site are purily informative. Therefore, by offering, FUNCICION DUCTIL FABREGAS, SAU does not guarantee neither declarations in relation to the contents and services offered on the Web Site, including, not limited, guarantees of legality, reliability, usefulness, veracity, accuracy or merchantability, except where by law such declarations and guarantees cannot be excluded.
11. FORCE MAJEURE
FUNDICION DUCTIL FABREGAS, SAU will not be responsible in any case of impossibility of providing service, if it is due to prolonged interruptions of the electrical supply, lines of telecommunications, social conflicts, strikes, rebellion, blasts, floods, acts and omissions of the Government, and generally all the force majeure cases or fortuitous events.
12. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION
The present General Conditions, as well as the use of the Web Site, will be ruled by the Spanish legislation.
Assuming that any stipulation of the present General Conditions would be unenforceable or void under the applicable legislation or as a consequence of a judicial or administrative decision, this unenforceability or voidance will not do that the present General Conditions prove unenforceable or void as a whole. In such cases, FUNDICION DUCTIL FABREGAS, SAU will proceed to the modification or sustitution of the above mentioned stipulation for other that is valid and enforceable and that, as far as possible, reaches the aim and reflected pretentions in the original stipulations.