The terms and conditions which are set out herein regulate access to and use of the web site www.Grupsa-System.com (hereinafter, the site or the web site) of the entity (hereinafter Grupsa-System): Grupo Metal System S.A. with Fiscal Code Number A78558897 and registered offices at Ctra. M-404 Km. 20, Griñón 28971, Madrid. Entered in the Mercantile Registry of Madrid Tome 8490, Book: 7376, Sheet: 56, Section: 3, Page: 70526-3, with e-mail for contact Grupsa-System@Grupsa-System.com.
The expression “site or web site” is understood to comprise - including but not restricted to the following- the texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, etc. included therein, and, in general, all the creations expressed by any means or support, be it tangible or intangible, currently known or which is to be invented in the future, regardless of whether or not they are subject to intellectual property in accordance with the Revised Intellectual Property Act or any such legislation as may replace that act in the future.
Access to the site implies that the visitor acquire a series of rights and obligations with a view to guaranteeing appropriate use and enjoyment of the services and contents to be found therein and which Grupsa-System makes available to users free of charge, except where the specific conditions that regulate a determined service or content accessible through web site provide that the user must pay an economic amount for the use and enjoyment thereof.
The visitors are aware that access to and use of the services and content of the site is carried out under their sole and exclusive responsibility.
The condition of user is acquired by accessing the web site. Users will utilise the services and content exclusively for personal purposes and/or in accordance with their condition as clients of Grupsa-System; with exclusion of any kind for use subsequent thereto with a view to profit making or receiving benefits, directly or indirectly, without prior authorisation from Grupsa-System. Clients of Grupsa-System will be understood to be the individuals or legal persons contracting any of the services or acquiring any of the products offered by Grupsa-System.Grupsa-System brings to the attention of users the following general conditions, which are accepted expressly and in full by the users through the mere fact of accessing the web site and/or visualising the content or using the content services on the web site. If these general conditions were to be replaced by others, in full or in part, those new general conditions would be understood to be accepted in a manner identical to that set out herein. Nevertheless, web site users must access these general conditions on a periodic basis to be aware of the successive versions included here, although it is recommended that users access these general conditions every time they intend to access or make use of the services and content of the web site.
In the event that a user did not accept these general conditions or, where applicable, the specific conditions which regulate the use of a particular service and/or content aimed at clients of Grupsa-System or at users of the web site and which Grupsa-System determines, such user must abstain from accessing the web site.
Grupsa-System may establish Specific Conditions for the use of certain content and services, which must be made known to and accepted by the users prior to their use thereof in accordance with the provisions set out in those Specific Conditions.The users must establish all appropriate security measures of a technical nature to avoid undesired actions in their computer system, archives and computer equipment used to access the Internet and, in particular, to access the web site, and they must be aware that the Internet is not a completely secure environment.
Object of the web site
By accessing the site, users may enjoy the use of varied content and services which will be offered either by Grupsa-System or, where applicable, by third party suppliers under the conditions determined therefor.
On a general basis, the services and content offered through the web site will be available in Spanish and English, without prejudice to the possibility – at the discretion of Grupsa-System- of accessing them in the remaining official autonomic languages, as well as in other spoken languages.Grupsa-System may unilaterally, and without prior notice, modify the rendering, configuration, content and services of the site, as well as the conditions for use thereof and access to the services rendered, without prejudice to the provisions of the specific conditions which regulate the use of a certain service and/or content aimed at clients of Grupsa-System and/or users of the web site.
The cost of telephone consumption or expenses of any other type relating to connections for access to the web site will be undertaken exclusively and in full by the user. Users must meet all special technical conditions required to access web site content and, where appropriate, indicated by Grupsa-System.User rights and obligations
The users may:
• Access free of charge, and without need for prior authorisation, the free access content and services on the site available as such, without prejudice to the technical or specific conditions or the need for prior registration with regard to specific services and content aimed at the clients of Grupsa-System, as determined in these general conditions or in the specific conditions for those services.
• Use the services and content available for their particular use exclusively, without prejudice to the provisions of the specific conditions which regulate the use of certain services and/or content aimed at the clients of Grupsa-System. Users may download a single copy of the web site for off-line visualisation for personal and non-commercial purposes.
• Make correct and licit use of the site, in accordance with prevailing legislation, morals, good conduct and public order.Prohibitions
In no case may users:
• Access or use the services and content of the site for purposes which are illicit, harmful to the rights and liberties of third parties, or which may prejudice, damage or impede in any way the access thereto, to the detriment of Grupsa-System or third parties.
• Use the services, in full or in part, to promote, sell, contract, divulge advertising or information about themselves or about third parties without express prior authorisation from Grupsa-System.
• Input information on to the web site or use the services existing thereon with the aim of attacking – directly or indirectly – the rights – and very specifically the fundamental rights and public liberties – of other users of the web site, clients and users of the services of Grupsa-System or that entity; which incites or promotes the realisation of criminal acts, xenophobia, terrorism or acts which are degrading in respect of age, sex, religion or beliefs; or are of a pornographic, obscene or violent nature, or which go against prevailing law, morals or good conduct. For these purposes, information will be understood to be, including but not restricted to the following: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.
• Include hyperlinks to this web on their personal or commercial sites site which are not limited solely and exclusively to access the home page thereof.
• Use the services and content offered on the site in a manner contrary to the general conditions for use and/or the specific conditions which regulate the use of a particular service and/or content, and in prejudice of or in detriment to the rights of the other users, in particular clients of Grupsa-System.
• Take any actions which impede or hamper access to the site by users, in particular clients of Grupsa-System, as well as the hyperlinks to services and content offered by Grupsa-System or by third parties through the web site.
• Use the web site as a means for accessing the Internet to commit illicit actions or acts running contrary to prevailing legislation, morals, good conduct and public order.
• Use any type of computer virus, code, software, computer program, computer or telecommunications equipment which may give rise to unauthorised damages or alterations to the content, programs or systems accessible through the services and content rendered on the web site or to the information systems, archives and computer equipment of the users thereof, or make unauthorised access to any content and/or services on the web site.
• Eliminate or modify in any way the protection or identification mechanisms of Grupsa-System or its legitimate Grupsa-Systemes which may be contained in the content housed at the web site, or the symbols that Grupsa-System or legitimate Grupsa-Systemes third parties to the rights incorporate in their creations subject to industrial or intellectual property existing on the web site.
• Include in web sites of their responsibility or ownership “metatags” corresponding to brands, trade names or distinctive signs owned by Grupsa-System.
• Reproduce the web site, in part or in whole, on another site or web page; frame the web site or the web pages accessible through the web site which hide or modify – including but not restricted to the following - content, advertising spaces and brands of Grupsa-System or third parties, regardless of whether or not such actions represent unfair competition or confusion.
• Create frames within a web site of their responsibility or ownership which reproduces the home page and/or other pages accessible through the home page, corresponding to this web site without prior authorisation from Grupsa-System
• Include in a web site of their responsibility or ownership a hyperlink which generates a window or session in the navigation software used by a visitor, user or client of their web site, which includes brands, trade names or distinctive signs owned by them and through which they show the home page to the web site or any of the pages accessible through that home page.
• Use the brand, trade names, or any other sign used for identification purposes which is subject to intellectual or industrial property, without prior express authorisation in writing from the owner thereof.
• Carry out any actions which represent reproduction, distribution, copy, rental, public communication, transformation or any other similar actions which represent the modification or alteration, in part or in whole, of the content and services on the site or the economic exploitation thereof, without prior express authorisation in writing from Grupsa-System or from the third party owner to the intellectual and industrial property rights pertaining to said services or content of the web site and except as set out in these general conditions or, where applicable, in the specific conditions which regulate the use of services and/or content existing on the web site.Rights and obligations of Grupsa-System
Grupsa-System reserves the right to carry out the following actions:
• Modify the conditions, technical or otherwise, for access to the web site on a unilateral basis and without prior notification to users, without prejudice to the provisions of the specific conditions which regulate the use of a particular service and/or content aimed at the clients of Grupsa-System and/or users of the web site.
• Establish specific conditions and, where appropriate, request a price or other requisites for access to certain services and/or content.
• Limit, exclude or condition access by users when they do not provide full guarantee of appropriate use of the site in accordance with the obligations and prohibitions undertaken thereby.
• Terminate the rendering of a service or supply of a content, without right to indemnity, when such service or content is illicit or runs contrary to the conditions established therefor, without prejudice to the provisions of the specific conditions which regulate the use of a particular service and/or content aimed at the clients of Grupsa-System and/or users of the web site.
• Modify, remove or update the content or services offered through the site, in part or in whole, without the need for prior notice and without prejudice to the provisions of the specific conditions which regulate the use of a particular service and/or content aimed at the clients of Grupsa-System and/or users of the web site.
• Undertake any legal or judicial actions which are deemed to be appropriate to protect the rights of Grupsa-System and of third parties that render their services or content through the site, whenever such actions are required.
• Demand any indemnities which may derive from the undue or illicit use of a part or all of the services and content rendered through the site.Exemption and limitation to the liability of Grupsa-System
Grupsa-System is exempt from all liability in respect of damages of any nature in the following cases:
• Due to the impossibility of or difficulties in connection to the telecommunications network through which this web site is accessible, regardless of the kind of connection employed by the user.
• Due to the interruption, suspension or cancellation of access to the web site, and availability and continuity of the operations of the site or of the services and/or content contained therein, when this is due to causes out of the scope of control of Grupsa-System, whether deriving directly or indirectly therefrom.
• Grupsa-System undertakes no liability in respect of the services and content, or for the availability of and conditions, technical or otherwise, for access thereto, which are offered by third party suppliers of services, in particular with regard to the suppliers of information society services.
• At no time will Grupsa-System undertake liability for the damages which may be caused to the information, content, products and services – including but not restricted to the following - rendered, communicated, hosted, transmitted, exhibited or offered by third parties to Grupsa-System –including those rendering information society services – through a web site which can be accessed through a link existing on this site.
• Due to the treatment and subsequent use of personal data carried out by third parties not related to the Grupsa-System, as well as the pertinence of the information requested by those parties.
• Due to the quality and speed of access to the site and of the technical conditions which must be fulfilled before the user may access the site and its services and/or content.
• Grupsa-System will not be liable for delays or failures arising in the access to and/or operation of services and/or content of the web site due to cases of Force Majeure.
• Users of the site will be personally liable for the damages of any nature which they may cause to Grupsa-System, directly or indirectly, through breach with any of the obligations deriving from these general conditions or other rules which are in place to govern the use of this site.Intellectual and industrial property
The user knows that the content and services offered through the site -including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, expositions and html code contained therein – this not representing a comprehensive list – are protected under the laws of intellectual property. The copyright and right to economic exploitation of the site correspond to Grupsa-System.The brands, trade names or distinctive signs which appear on the web site are owned by Grupsa-System or, where appropriate, by third party entities, and are protected under prevailing laws governing industrial property.
The rendering of services and publication of content through the site in no case implies the cession, waiver or transmission, in part or in whole, of title to the corresponding intellectual and industrial property rights. No part of this web site may be reproduced, distributed, transmitted, copied, communicated publicly, transformed, in part or in whole, by means of any system or manual, electronic or mechanic method (including photocopies, recording or any other system for recovering and storing information), in any format currently known or invented in the future, without prior consent from Grupsa-System. The use, in any format, of part or all of the content of the site is subject to the obligation to request prior authorisation from Grupsa-System and acceptance of the relevant licence, where applicable, except for as set out in respect of rights recognised and granted to the users in these general conditions or as so determined in the specific conditions that Grupsa-System chooses to establish to regulate the use of a particular service and/or content offered through the web site.
In no case may the users make use or utilisation of the services and content existing on the web site which is not exclusively personal, except for the exceptions determined in these general conditions for the use of this site or in the specific conditions that Grupsa-System chooses to establish to regulate the use of a particular service and/or content offered through the web site.
Privacy policy in respect of treatment of personal data
Grupsa-System wishes to make the users of the web site and, very especially, its clients aware of its policy regarding the treatment and protection of the personal data collected from users and clients for the purpose of visualising the site or using the services offered therein.
Grupsa-System will only be responsible for and guarantee the confidentiality and security of the personal data it gathers from users through its web site, and will accept no responsibility of any type in respect of the treatment and subsequent use of the personal data which may be realised by third parties rendering information society services and which act outside the web site.Gathering of personal data
Grupsa-System informs its users that the collection of personal data can be made by sending electronic mails, job-bank forms and in the area for architects to the address Grupsa-System@Grupsa-System.com, provided that they include in such communication data of a personal nature, and by filling in a questionnaire requesting catalogues, or by filling in the questionnaire to communicate suggestions.
Grupsa-System informs the users of the web site will be notified by Grupsa-System in advance of the facultative and obligatory nature of filling in all data in the questionnaires.
If you do not wish Grupsa-System to subject your personal data to treatment, we would request that you abstain from filling in the forms existing on the web site. In any case, Grupsa-System will expressly and in a legible manner inform you with regard to the conditions in which personal data are collected and the purposes for which they will be used, the obligation of providing such data or not, the rights available to users, the conditions in which said rights may be exercised, and any other such complementary information considered necessary.Purpose of the gathering and treatment of personal data
With regard to the personal data collected by e-mail, the purposes of treatment will be as follows:
• Answering communications; attending to requests for information; sending the information requested; inclusion of the user or company to which the user belongs in the list of contacts; facilitating future commercial relations or maintaining, developing and managing the commercial relation currently existing; and saving such information in the communications archive.
In respect of the personal data obtained through questionnaires, the purposes of treatment will be as follows:
• Providing a user name and password to access the private part of the web site; providing information on goods and services; responding to the questions posed and suggestions issued; inclusion of the user or company to which the user belongs in the list of contacts; facilitating future commercial relations or maintaining, developing and managing the commercial relation currently existing; and saving such information in the communications archive.Rights available to users as Grupsa-System of their personal data
Grupsa-System informs users as to the rights available to them. Users may at any time have information as to the data which have been collected and treated by Grupsa-System with regard to them, rectify any inaccurate information, cancel the data or refuse to allow treatment, the latter right being limited to those cases in which consent is not required for treatment of personal data, provided there is no legislation in force stating the contrary, and when grounded and legitimate reasons exist regarding a specific personal situation, or when the treatment of their personal data is for advertising and commercial prospecting purposes.
The exercise of these rights by users must be carried out by sending a written communication to the address indicated in these conditions for access to and use of Grupsa-System, or any other address of which the user is notified on collection of the personal data.Cookies
This web site uses cookies, which are a set of characters stored on the hard drive or temporary memory of the user’s computer when the pages of a web site are accessed, with a view to facilitating access to the services and content offered, identifying –mainly- each user with maximum speed, as well as their access, navigation and/or visualisation preferences for the web site.
Duration
Access, content and services offered through the site have, in principle, an undefined duration. Nevertheless, Grupsa-System is authorised to terminate or suspend the access, services and/or content thereof at any time, without prejudice to any provisions existing n this regard in these General Conditions or, where applicable, in the Specific Conditions which regulate the use of a particular service and/or content aimed at the clients of Grupsa-System and/or users of the web site.
Specific conditions for restricted access on the web site
The web site has various sections of restricted access only for users who have a user name and password. The restricted sites are: consultation and downloading of product manuals, assembly requirements, technical specifications, cad maps, application of budgets, various different forms, etc. of Grupsa-System.
To access that restricted page, users must fill in the questionnaire accompanying the web site, and Grupsa-System will send a user name and password. Grupsa-System does not take responsibility for and is not obliged to provide a user name and password to all persons requesting these items. Grupsa-System may revoke or suspend the validity of passwords for users without prior notice due to matters of security or at its own discretion.Users will be responsible for the custody and keeping of their passwords and user names for access to the restricted areas of the web site, and will be obliged, if they have knowledge that that password may have been compromised or revealed to unauthorised third parties, to notify Grupsa-System as to those circumstances so that it may proceed with the cancellation of the password and, where appropriate, issuance of a new one to the user in question.
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