Legal notice

The website www.controlnet.es (hereinafter, the “Website”) is owned by CONTROLNET WEB, S.L. (hereinafter, the “COMPANY”), with registered office at Calle Ursulinas, Urb. El Bosque, bloque 1, local 2 – 11405 Jerez de la Frontera (Cádiz), Spain, and tax ID B35982461. Registered in the Commercial Registry of Cádiz, Volume 1,942, Page 219, S 8, Sheet CA-39047, Entry 3.

The COMPANY welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”), which describe the terms and conditions applicable to your browsing of it, in accordance with the applicable Spanish legislation. Since the COMPANY may amend these Conditions of Use in the future, we recommend that you visit them periodically to stay properly informed of any changes made.

So that use of the Website meets criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, question or query about the General Conditions of Use will be received and resolved by contacting the COMPANY through the email address of our Data Protection Officer: dpo@controlnet.es

1. Purpose

The COMPANY supplies the content and services available on the Website, subject to these General Conditions of Use as well as to the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Accessing this Website or using it in any way gives you the status of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to amend them at any time. Consequently, it is the responsibility of every User to read carefully the General Conditions of Use in force on each occasion they access this Website. If you do not agree with any of the provisions set out here, you must refrain from using this Website.

You are also advised that particular conditions may on occasion be established for the use of specific content and/or services on the Website; use of such content or services will imply acceptance of the particular conditions specified therein.

2. Services

Through the Website, the COMPANY offers Users the possibility of accessing: information about the company, its contact details, its products and services, its rates, its commercial offers and its location – a contact section for making enquiries by providing personal data – links to social networks (hereinafter, the “Services”).

3. Privacy and Data Processing

The COMPANY processes your personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and with Spanish Organic Law 3/2018. Information about your personal data, pursuant to Article 13 of Section 2 of that regulation and Organic Law 3/2018, is available in the privacy policy.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website — and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use — is subject to Intellectual Property rights, and that all trademarks, trade names or distinctive signs, and all industrial and intellectual property rights over the content and/or any other elements inserted in the page, are the exclusive property of the COMPANY and/or of third parties, who hold the exclusive right to use them in economic activity. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from a breach of these obligations. Access to the Website in no case implies any waiver, transfer, licence or assignment, in whole or in part, of those rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to prior express authorisation specifically granted for that purpose by the COMPANY or by the third party holding the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, holds the corresponding authorisation to use those elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.

It is likewise prohibited to remove, circumvent and/or manipulate the copyright notice, as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, with the COMPANY reserving in all cases the exercise of any legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User undertakes to:

• Make appropriate and lawful use of the Website as well as of the content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
• Obtain all the means and technical requirements needed to access the Website.
• Provide truthful information when completing the forms on the Website with their personal data, and to keep it updated at all times so that it reflects the User's actual situation at any given moment. The User shall be solely responsible for any false or inaccurate statements they make and for any harm caused to the COMPANY or to third parties by the information they provide.

Notwithstanding the provisions of the previous section, the User must also refrain from:

• a) Making unauthorised or fraudulent use of the Website and/or of the content for unlawful purposes or effects, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or which may in any way damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and all kinds of content stored on any computer equipment.
• b) Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
• c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
• d) Introducing or spreading computer viruses on the network, or any other physical or logical systems capable of causing damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
• e) Attempting to access, use and/or manipulate the data of the COMPANY, third-party suppliers and other Users.
• f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the corresponding rights or otherwise legally permitted.
• g) Removing, concealing or manipulating notices regarding intellectual or industrial property rights and other data identifying the rights of the COMPANY or of third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
• h) Obtaining or attempting to obtain the content by means or procedures other than those which, as the case may be, have been made available for that purpose or expressly indicated on the web pages where the content is located or, in general, those habitually used on the Internet because they do not entail a risk of damage to or disabling of the website and/or the content.
• i) In particular, and merely by way of example and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
  • (i) In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in the rest of the legislation in force.
  • (ii) Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions contrary to the law, to morals, to generally accepted good customs or to public order.
  • (iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or condition.
  • (iv) Incorporates, makes available or allows access to criminal, violent, offensive, harmful or degrading products, elements, messages and/or services or, in general, ones contrary to the law, to morals and to generally accepted good customs or to public order.
  • (v) Induces or may induce an unacceptable state of anxiety or fear.
  • (vi) Induces or incites involvement in dangerous or risky practices, or ones harmful to health and mental balance.
  • (vii) Is protected by intellectual or industrial property legislation belonging to the COMPANY or to third parties, without the intended use having been authorised.
  • (viii) Is contrary to the honour, personal and family privacy or own image of individuals.
  • (ix) Constitutes any kind of advertising.
  • (x) Includes any kind of virus or program that prevents the normal functioning of the Website.

If, in order to access any of the services and/or content of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you shall be responsible for its proper safekeeping and confidentiality, undertaking not to transfer it to third parties, whether temporarily or permanently, nor to allow access to the aforementioned services and/or content by outside parties. You likewise undertake to notify the COMPANY of any event that may involve misuse of your password, such as, by way of example, its theft, loss or unauthorised access, so that it may be cancelled immediately. Consequently, until you make such notification, the COMPANY shall be released from any liability that may arise from the misuse of your password, and you shall be responsible for any unlawful use of the content and/or services of the Website by any illegitimate third party.

If, negligently or wilfully, you breach any of the obligations set out in these General Conditions of Use, you shall be liable for all damages that may arise for the COMPANY from that breach.

6. Liability

The COMPANY does not guarantee continued access, nor the correct display, download or usefulness of the elements and information contained in the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

The COMPANY is not liable for decisions that may be taken as a result of access to the content or information offered, since such decisions are taken by the user in the free exercise of their will.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or of any of the services offered on it is contrary to these General Conditions of Use.

The COMPANY is not liable for damages, losses, claims or expenses arising from decisions taken by the user themselves in the free use of their will during their visit to the Website, unless such damages, losses, claims or expenses are directly attributable to the COMPANY due to faults in the page, error or omission.

It shall only be responsible for removing, as soon as possible, the content that may generate such harm, provided it is notified accordingly. In particular, it shall not be liable for harm that may arise from, among others:

• (i) interference, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the COMPANY's control.
• (ii) unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
• (iii) undue or inappropriate abuse of the Website.
• (iv) security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of it. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.

The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the freely available services used by Users of the Website. Likewise, the COMPANY is released from any liability for the content and information that may be received as a result of the data collection forms, these being solely for the provision of enquiry and query services. Furthermore, in the event of causing damages through unlawful or incorrect use of those services, the User may be held liable by the COMPANY for the damages caused.

You shall defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or demands by third parties as a result of your access to or use of the Website. You also undertake to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data, or from any other action on your part that imposes an unreasonable load on the operation of the Website.

7. Hyperlinks

The User undertakes not to reproduce in any way, not even through a hyperlink, the COMPANY's Website, or any of its content, without the express written authorisation of the COMPANY.

The COMPANY's Website includes links to other websites managed by third parties, in order to facilitate the User's access to information from partner and/or sponsor companies. Accordingly, the COMPANY is not responsible for the content of those websites, nor does it act as guarantor and/or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY or claim that the COMPANY has authorised such a link, nor include trademarks, denominations, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered to be in bad taste, obscene, offensive, controversial, inciting violence or discrimination on the grounds of sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its frames, or to create a browser over any of the pages of the Website. The COMPANY may request at any time that you remove any link to the Website, after which you must proceed to remove it immediately. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, the COMPANY assumes no liability whatsoever for any aspect relating to such websites.

8. Cookies

You can consult the information on cookies by accessing the cookie policy.

9. Duration and termination

The provision of the service of this Website and the other services is, in principle, of indefinite duration. However, the COMPANY may terminate or suspend any of the portal's services. Where possible, the COMPANY will announce the termination or suspension of the provision of the service concerned.

10. Statements and Warranties

In general, the content and services offered on the Website are merely informative in nature. Should the products or services reflected on the website be made available to the user, the provisions of the corresponding general contracting conditions shall apply.

11. Force majeure

The COMPANY shall not be liable in any case of impossibility to provide the service, if this is due to prolonged interruptions of the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

12. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of a dispute, the contracting parties agree to submit to the Courts and Tribunals of the consumer's domicile, provided that it is located in Spanish territory. Otherwise, if the user is not a consumer, or is a consumer located outside Spanish territory, submission shall be to the courts and tribunals of the city of the COMPANY's domicile. The party breaching the contract shall bear the judicial and extrajudicial costs arising from the claim, including the costs of lawyers, court agents, etc.

In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the COMPANY shall amend or replace that provision with another that is valid and enforceable and which, as far as possible, achieves the objective and intent reflected in the original provision.