General terms

A) General Conditions of Use of the Website

The following terms and conditions regulate the access and use of the website. www.gnera.es (hereinafter, the site or website), whose operation and through which provides services of the information society is carried out by the entity GNERA ENERGÍA Y TECNOLOGÍA, S.L. with C.I.F. B-84196997 and registered office at Serrano Galvache, 56, Abedul Building, 7th Floor, 28033, Madrid, and domiciled for notification purposes at the same address; registered in the Madrid Mercantile Registry, Volume 22,322, Book 0, Page 145, Section 8, Page M-398538, Telephone +34 913 569 362 and contact email address info@gnera.es. The expression “site or web site” includes, but is not limited to, the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included therein, and, in general, all creations expressed by any means or support, tangible or intangible, regardless of whether or not they are susceptible to intellectual property in accordance with the Revised Text of the Intellectual Property Law.

Access to the site implies that the visiting user acquires a series of rights and obligations, in order to ensure the proper enjoyment of the services and content found therein and that GNERA ENERGÍA Y TECNOLOGÍA, S.L. makes available free of charge to the user.

The visiting user is aware that the access and use of the services and contents of the site is done under his sole and exclusive responsibility.

User status is acquired by accessing the website. The user will use the services and contents exclusively for private purposes and / or by reason of their status as a client of GNERA ENERGÍA Y TECNOLOGÍA, S.L. excluding any form of subsequent use of the same for profit or report any benefit, direct or indirect.

GNERA ENERGÍA Y TECNOLOGÍA, S.L. informs the user of the following general conditions of use, which are expressly and fully accepted by the user by the mere fact of accessing the website and / or viewing the contents or use of the services contained on the website. Should these general conditions be replaced by others, in whole or in part, these new general conditions shall be deemed to be accepted in the same form as those set out above. However, the user of the website must access these general conditions periodically to know the successive versions that are included here, although it is recommended that the user access them each time he/she intends to access or make use of the services and contents of the website.

In the event that the user does not accept these general conditions or the particular conditions that regulate the use of a specific service and/or content intended for users of the website and that the entity determines, the user must refrain from accessing the website.

The user must establish the appropriate technical security measures to prevent unwanted actions on their information system, files and computer equipment used to access the Internet and, in particular, the website, being aware that the Internet is not completely secure.

 

B) Purpose of the website

Through access to the site, the user can enjoy the use of various content and services that will be offered by GNERA ENERGÍA Y TECNOLOGÍA, S.L. or, where appropriate, by third party suppliers under the conditions to be determined for them.

In general, the services and contents offered through the website will be available in Spanish, Italian and English, without prejudice to the possibility -at GNERA ENERGÍA Y TECNOLOGÍA, S.L.’s discretion- of offering them in the rest of the official regional languages, as well as in any other language spoken in the European Union or outside it.

GNERA ENERGÍA Y TECNOLOGÍA, S.L. may modify unilaterally and without prior notice, the provision, configuration, content and services of the site, as well as the conditions of use and access to the content offered and services provided. In each case, GNERA ENERGÍA Y TECNOLOGÍA, S.L., when appropriate, will warn of such changes in the corresponding general or particular conditions of use, as well as in other texts of the web.

The cost of telephone access or other charges for connection to access the website shall be borne solely by the user.

 

C) User rights and obligations

The user will be able to:

– Access free of charge and without prior authorization to the contents and services of the site available as such, without prejudice to the technical conditions, particular or the need for prior registration for specific services and content for customers GNERA ENERGÍA Y TECNOLOGÍA, S.L. as determined in these general conditions or in the particular conditions of such services.
– Use the services and content available for your personal use only, without prejudice to the provisions of the special conditions governing the use of a particular service and / or content for customers of GNERA ENERGÍA Y TECNOLOGÍA, S.L.
– The user may download a single copy of the website for off-line viewing for personal, non-commercial purposes.
– Make a correct and lawful use of the site, in accordance with current legislation, morality, good customs and public order.

Under no circumstances may the user:

– Access or use the services and contents of the site for illegal purposes, harmful to the rights and freedoms of others, or that may damage, harm or impede in any way, access to them, to the detriment of GNERA ENERGÍA Y TECNOLOGÍA, S.L. or third parties.
– Use the services, in whole or in part, to promote, sell, hire, advertise or disclose advertising or information of their own or third parties without prior written permission of GNERA ENERGÍA Y TECNOLOGÍA, S.L.
– Introduce information in the website or use the existing services in it with the purpose of attacking -directly or indirectly- against the rights -and especially the fundamental rights and public liberties- of other users of the website or GNERA ENERGÍA Y TECNOLOGÍA, S. L. ; that incite or promote the commission of criminal, xenophobic, terrorist or degrading acts based on age, sex, religion or beliefs; or of a pornographic, obscene, violent nature or that violate the law, morality or good customs. For these purposes, information shall be understood as including, but not limited to: text, graphics, images, images, videos, sounds, drawings, photographs, data, notes, and others.
– Include hyperlinks on your private or commercial web pages to this website that are not limited solely and exclusively to accessing the home page of this website.
– Use the services and content offered through the site in a manner contrary to the general conditions of use and/or the particular conditions governing the use of a particular service and/or content, and to the detriment or detriment of the rights of other users.
– Take any action that prevents or hinders access to the site by users, as well as hyperlinks to services and content offered by GNERA ENERGÍA Y TECNOLOGÍA, S.L. or third parties through the website.
– Use the website as a means of Internet access for the commission of illicit actions or actions contrary to current legislation, morality, good customs and public order.
– Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause damage or unauthorized alterations to the contents, programs or systems accessible through the services and content provided on the website or in the information systems, files and computer equipment of the users thereof; or unauthorized access to any content and/or services of the website.
– Remove or modify in any way the protection or identification devices of GNERA ENERGÍA Y TECNOLOGÍA, S.L. or its legitimate owners that may contain the contents hosted on the website, or the symbols that GNERA ENERGÍA Y TECNOLOGÍA, S.L. or the legitimate third party owners of the rights incorporated into their creations object of intellectual or industrial property existing in this website. – Include “metatags” corresponding to trademarks, trade names or distinctive signs owned by GNERA ENERGÍA Y TECNOLOGÍA, S.L. in websites of your responsibility or property.
– Reproduce all or part of this website on another website; may not make framing to the site or websites accessible through it that hide or modify -with delimiting but not limited to- content, advertising space and trademarks of GNERA ENERGÍA Y TECNOLOGÍA, S.L. or third parties, regardless of whether or not they involve acts of unfair competition or confusion.
– Create frames within a website of your responsibility or property that reproduce the home page and/or the pages accessible through it, corresponding to this website without the prior authorization of GNERA ENERGÍA Y TECNOLOGÍA, S.L.
– Include in a website of your responsibility or property a hyperlink that generates a window or session of the navigation software used by a user of your website, which include trademarks, trade names or distinctive signs of your property and through which the main web page is displayed and / or any of the pages accessible through the same corresponding to this website without the prior authorization of GNERA ENERGÍA Y TECNOLOGÍA, S.L.
– Use the trademark, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner.
– Perform any action involving the reproduction, distribution, copying, rental, public communication, transformation or any other similar action involving the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof, without the prior written permission of GNERA ENERGÍA Y TECNOLOGÍA, S. L. or the third party owner of the intellectual and industrial property rights that apply to the services or contents of the website and except as provided in these general conditions or, where appropriate, specific conditions governing the use of a service and / or content on the website.

 

D) Rights and obligations of GNERA ENERGÍA Y TECNOLOGÍA, S.L..

GNERA ENERGÍA Y TECNOLOGÍA, S.L. reserves the following rights:

– Modify the conditions of access to the site, technical or not, unilaterally and without notice to users, without prejudice to the provisions of the special conditions governing the use of a particular service and / or content for customers of GNERA ENERGÍA Y TECNOLOGÍA, S.L. and / or users of the website.
– Establish particular conditions and, if applicable, the demand of a price or other requirements for access to certain services and/or contents.
– Limit, exclude or condition the access of the users when not all the guarantees of correct use of the site by them are given in accordance with the obligations and prohibitions assumed by them.
– Terminate the provision of a service or supply of content, without the right to compensation, when the same is unlawful or contrary to the conditions established for the same, without prejudice to the provisions of the specific conditions governing the use of a particular service and / or content for users of the website.
– Modify, delete or update all or part of the content or services offered through the site, without prior notice, without prejudice to the provisions of the specific conditions governing the use of a particular service and / or content for users of the website.
– Undertake any legal or judicial action that may be appropriate for the protection of the rights of GNERA ENERGÍA Y TECNOLOGÍA, S.L. and third parties who provide their services or content through the site, whenever appropriate.
– Demand the compensation that could derive from the undue or illicit use of all or part of the services and contents provided through the site.

E) Use of cookies

GNERA ENERGÍA Y TECNOLOGÍA, S.L. may use cookies when a user navigates through the sites and pages of the website. Such cookies will be used by GNERA ENERGÍA Y TECNOLOGÍA, S.L. under the conditions and for the purposes described in its Cookies Policy.

 

F) Exemption and limitation of liability of GNERA ENERGÍA Y TECNOLOGÍA, S.L.
GNERA ENERGÍA Y TECNOLOGÍA, S.L. is exempt from any liability for damages of any kind in the following cases:

– Due to the impossibility or difficulty of connection to the communications network through which this website is accessible, regardless of the type of connection used by the user.
– For the interruption, suspension or cancellation of access to the website, as well as the availability and continuity of the operation of the site or the services and / or content on it, when this is due to a cause beyond the scope of control of GNERA ENERGÍA Y TECNOLOGÍA, S.L. whether directly or indirectly caused by it.
– GNERA ENERGÍA Y TECNOLOGÍA, S.L., assumes no responsibility for the services and contents, nor for the availability and conditions, technical or otherwise, of access to them, which are offered by third party service providers, especially with respect to service providers of the information society. Information society service providers shall be understood as those individuals or legal entities that provide the following services to the public:

o Transmission over a communication network of data provided by the recipient of the service.
o Access services to the aforementioned network.
o Data storage or hosting services.
o Provision of content or information.
o Temporary copy service of data requested by users.
o Provision of links to content or search tools.

– GNERA ENERGÍA Y TECNOLOGÍA, S.L. at no time, assumes liability for any damages that may be caused by the information, content, products and services -with a delimitative but not limiting character- provided, communicated, hosted, transmitted, displayed or offered by third parties outside GNERA ENERGÍA Y TECNOLOGÍA, S.L. -including information society service providers- through a website that can be accessed through a link on this site.
– The subsequent processing and use of personal data by third parties outside GNERA ENERGÍA Y TECNOLOGÍA, S.L., as well as the relevance of the information requested by them.
– The quality and speed of access to the site and the technical conditions that the user must meet in order to access the site and its services and/or contents.
– GNERA ENERGÍA Y TECNOLOGÍA, S.L. shall not be liable for any delays or failures that may occur in the access and/or operation of the services and/or contents of the web site, due to a case of Force Majeure. “Force majeure” shall mean all those causes which could not have been foreseen, or which even if foreseen were unavoidable, and which result in the non-performance of any of its obligations. These include, but are not limited to, strikes, whether of its own workers or of workers of others, insurrections or revolts, as well as regulations issued by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
– The user of the site will be personally liable for damages of any nature caused to GNERA ENERGÍA Y TECNOLOGÍA, S.L. directly or indirectly, for breach of any of the obligations under these general conditions or other rules governing the use of the site.

 

G) Intellectual and industrial property
The user is aware that the contents and services offered through the site -including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code of the same, without this enumeration having a limiting character- are protected by the laws of intellectual and industrial property. The copyright and economic exploitation of this site corresponds to GNERA ENERGÍA Y TECNOLOGÍA, S.L. and/or third parties.

The trademarks, trade names or logos appearing on the website are the property of GNERA ENERGÍA Y TECNOLOGÍA, S.L. or, where appropriate, of third parties, and are protected by applicable industrial property laws.

The provision of services and publication of content through the site does not imply in any case the assignment, waiver or transfer, in whole or in part, the ownership of the corresponding intellectual and industrial property rights by GNERA ENERGÍA Y TECNOLOGÍA, S.L. and/or its legitimate third party owners.

Under no circumstances, the user may make a use or use of the services and content available on the site that is not exclusively personal, except for the exceptions determined in these general conditions of use of this site or in the particular conditions that GNERA ENERGÍA Y TECNOLOGÍA, S.L. may establish to regulate the use of a particular service and / or content offered through the website.

No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information storage and retrieval system) through any medium now known or to be invented in the future, without the consent of GNERA ENERGÍA Y TECNOLOGÍA, S.L. The use, under any modality, of all or part of the content of the site is subject to the need to request prior authorization from GNERA ENERGÍA Y TECNOLOGÍA, S.L. and/or legitimate third party owners and the acceptance of the corresponding license, if applicable, except for the provisions regarding the rights recognized and granted to the user in these general conditions or as determined in the particular conditions that GNERA ENERGÍA Y TECNOLOGÍA, S.L. may establish to regulate the use of a particular service and/or content offered through the website.

If the guilty or negligent action or omission directly or indirectly attributable to the user of the website that causes the infringement of the intellectual and industrial property rights of GNERA ENERGÍA Y TECNOLOGÍA, S.L. or third parties -whether or not there is benefit for the same- originates GNERA ENERGÍA Y TECNOLOGÍA, S. L. damages, losses, joint and several obligations, expenses of any nature, penalties, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, GNERA ENERGÍA Y TECNOLOGÍA, S. L. shall be entitled to claim against GNERA ENERGÍA Y TECNOLOGÍA, S. L. shall be entitled to take action against the user by all legal means at its disposal and claim any compensatory amounts, including, but not limited to, moral damages and image, consequential damages and loss of profits, advertising costs or any other costs that may result for its repair, amounts of penalties or convictions, interest on arrears, the cost of financing all amounts in which GNERA ENERGÍA Y TECNOLOGÍA, S.L. may be damaged, court costs and the amount of legal expenses. The company shall pay the legal costs and the amount of the defense in any process in which GNERA ENERGÍA Y TECNOLOGÍA, S.L. may be sued for the above causes, for the damages caused by reason of its actions or omissions, without prejudice to exercise any other actions to which it is entitled by law.

 

H) Hyperlinks
The use of hyperlinks to this website will only be authorized by GNERA ENERGÍA Y TECNOLOGÍA, S.L. by written authorization and provided that the hyperlink is made in the following terms provided in these Conditions:

– The link should only allow access to the home page of this website.
– In order to avoid confusion of web users, it is forbidden to load any page belonging to the website in one of the sections of another web page divided in frames, in a way that causes a distortion in the presentation of this website inducing confusion to Internet users (“framing”).
– The authorization to insert a link does not presuppose, in any case, a consent to reproduce the visual and functional aspects (“look and feel”) of this website.
– It is also explicitly forbidden to create an environment or navigation bar on the pages that make up this site, without prior authorization.
– Aspect of the link: the hyperlink may only consist of text. For the use of graphics or logos must first obtain a license to use the graphics or logos of GNERA ENERGÍA Y TECNOLOGÍA, S.L. In any case, the text must clearly state that it links to this website. In general, the appearance, visual effect, location and, in general, the characteristics of the hyperlink must show that it leads to the website of GNERA ENERGÍA Y TECNOLOGÍA, S.L. and that it is independent and is not linked by a relationship of collaboration, association, sponsorship, labor or any other type, to the web page containing the hyperlink. – Any web page containing a hyperlink to the website of GNERA ENERGÍA Y TECNOLOGÍA, S.L., must inevitably respect these General Conditions of Use of this website, be characterized as fair and lawful hyperlinks and comply with any applicable legal provisions and the requirements of morality and generally accepted good customs.
– In particular, the authorization for the insertion of hyperlinks to this website is subject to respect for human dignity and freedom. The website in which the hyperlink is established shall not contain information or contents that are illicit, contrary to morality and good customs and public order, nor shall it contain contents contrary to any third party rights.
– Finally, it is forbidden to insert hyperlinks to the website on web pages with contents, allusions or orientation contrary to or not compatible with those that inspire the website of GNERA ENERGÍA Y TECNOLOGÍA, S.L.

I) Protection of personal data
GNERA ENERGÍA Y TECNOLOGÍA, S.L. guarantees the confidentiality of personal data provided by users and their treatment in accordance with current legislation on protection of personal data. Any processing of personal data will fall under the scope of application of the legislation in force in Spain regarding data protection consisting of 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 or GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDDD).

J) Duration
The access, contents and services offered through the site have, in principle, an indefinite duration. GNERA ENERGÍA Y TECNOLOGÍA, S.L., however, is authorized to terminate or suspend access, services and / or contents thereof at any time, without prejudice to what has been provided in this regard in these General Conditions or, where appropriate, Special Conditions governing the use of a particular service and / or content for users of the website.

K) Complete agreement
These general conditions contain all the conditions agreed by the parties in relation to the subject matter hereof and any statements, commitments or promises, verbal, written or implied, prior to these conditions in relation to the subject matter hereof shall be deemed to be non-existent.

The fact that any of the parties concerned does not require at a given time the respect of any of the conditions set forth in these general conditions or, where appropriate, special conditions governing the use of a particular service and / or content for users of the website, can not be interpreted by the other as a waiver to subsequently require compliance.

 

L) Nullity and voidability
In the event that any clause of these general conditions or, where appropriate, special conditions governing the use of a particular service and / or content for customers GNERA ENERGÍA Y TECNOLOGÍA, S.L. and/or users of the website, is voidable or voidable, in whole or in part, this invalidity or voidability shall not affect the validity of other clauses of the same, which shall remain in full force and effect, unless the party claiming its invalidity or voidability proves that without the clause that is void or voidable the purposes pursued by these Conditions cannot be fulfilled.

 

M) Legislation
These general conditions are governed by Spanish law.

 

N) Jurisdiction
The parties, expressly waiving their own jurisdiction, submit to the Courts and Tribunals of Madrid Capital for the resolution of any litigation that may arise.