1. The Enagás Web page.
Through the Web page of Enagás, S.A. (herein, "the Web Page") by the company Enagás, S.A., accessible using the URL addresses www.enagas.es and www.enagas.com, visitors to and users of the web page (herein, "the Users"), are facilitated access to a wide range of content and services related to the world of energy, (herein, "The Services").
The information on the party responsible for the Web Page is as follows: Enagás, S.A. Paseo de los Olmos, nº 19 28005 MADRID NIF A-28294726 Registered in the Merchant?s Registry of Madrid in volume 305, file 36, page number M-6113. Enagás, S.A. will herein be referred to in these conditions for access and use as, "The COMPANY".
2. Conditions for Access and Use of the Web Page.
Access to the Web Page depends on the prior reading and acceptance by the Users of the current Conditions for Access and Use (herein, "The Conditions").
With access to and use of the Web Page, it will be understood that the User makes manifest his agreement, fully, expressly, and without reservations, with the content of each and every one of these General conditions in their version published on the Web Page at the time of access. If the User does not agree with the content of these Conditions, he or she must abstain from accessing the Web Page and operating it. The Web Page reserves the right to modify these Conditions by advising the Users via corresponding notifications on the Web Page, so that the users might immediately become aware of any modifications.
Web Page access using the addresses www.enagas.es and www.enagas.com, as indicated in Item 1.1 above, is free of charge to Users and access does not require any prior subscription or registration. Any services and access that expressly appear as ?reserved? are an exception, or services and access for which a restriction is indicated or a charge is advised prior to seeing them.
As a User, you declare yourself to be an adult and/or have the legal capacity and competence to become involved under these conditions. The User fully, expressly, and without reservations or exceptions accepts that access and use of the Web Page, its contents, and Services will take place under his sole and exclusive responsibility.
3. Content of the Web page.
The User of the Web page assumes, knows, and accepts, by the very fact of having visited the web page, that the data and information in the content ? or services as the case may be ? and any other data and information contained in the Web Page appear for information purposes only, as preliminary information made available to the Users and that, at any given time, it may contain errors, imprecision, or may not be updated.
The COMPANY reserves the right to modify, unilaterally and at its discretion, at any time and without prior notification, the configuration of the Web page, as well as its content and, as the case may be, the services offered through the Web page and the conditions for access to the same. In the same way, the COMPANY reserves the right to incorporate new content or services into the Web Page, and the right to eliminate, limit, suspend, or block access to the content or services offered through the Web page, either temporarily or definitively, for any of the reasons described in these Conditions.
Exception is made to the indications in the above two paragraphs for any data or information which Enagas is legally obligated to publish or reveal, and when it has chosen the web page as the media in which to publish said publicity. Any specific content on this web page that is more than purely informational will be expressly indicated, and Enagas will assume responsibility for the truth and correctness of the information incorporated in those cases.
The COMPANY offers the User, through the Web page, the possibility of receiving or using the following services:
News - Site Map - Get in touch - Emplyment Possibilities.
The Content and Services are offered to the Users free of charge.
4. Personal information.
The COMPANY guarantees that it will treat the User?s personal information confidentially for those with access through internet navigation or registration on the Web Page, and for the server in which the information will be stored, and they will make sure that information has the necessary security measures to avoid the alteration, loss, or unauthorized treatment or access to that information.
To that effect, the COMPANY guarantees that it has adopted technical and organizational security measures in its installations, systems, and files. Nevertheless, the COMPANY may reveal to the competent authorities personal or any other information in its power in its information system when so required in conformance with the legal provisions and regulations applicable to each case.
In any case, if the option to not receive cookies is activated, the user can still use the Service from our web site. The cookies allow us to find out about your preferences as a User in order to be able to offer the goods and services that match your needs and interests.
5. General Declarations and guarantees.
The COMPANY declares and guarantees that the Web Page has the necessary technology (software and hardware), at this time, to permit access and use of the same. The COMPANY, however, is not responsible for the existence of any virus or other harmful elements introduced by any method or any third party, which could produce alteration in the computer system of the user, or for any damages that may thereby be produced in the User?s computer system.
The User fully accepts the above, and promises, on his or her part, to use maximum diligence and care upon accessing and using the services offered through the Web page. In particular, but not exclusively, the User should follow the security recommendations shown on the Web Page.
The User accepts that the Web Page has been created and developed in good faith by the COMPANY with information from internal and external sources and offers it as-is to the Users, but that it could, however, contain false statements, imprecision, pertinent omissions, mistakes, or typing errors.
The COMPANY, in consequence, in no case guarantees the truth, precision, or relevancy, or the completeness of the contents of the Web page. Therefore, the User hereby exonerates the COMPANY of any responsibility relative to its reliability or usefulness, or to any false expectations that could be produced or generated during navigation of the Web page.
The User guarantees that any activities he undertakes using the Web page will be legal, moral, and in line with generally accepted social norms and with public order, and that in no case may they offend the good name and commercial image of the COMPANY, of Enagás, of other Users of the Web page, or of third party service providers.
In particular, the User promises to use the services in a correct and diligent way, and to abstain from using them for illegal ends or effects. The services will not be used for purposes prohibited by these General conditions, in any way that violates the rights and interests of third parties, or that can damage, disable, overload, or deteriorate those services, the computer equipment of third parties, or documents, files, and all types of content stored in their computers, or to block the normal use or enjoyment of the services by third parties.
In particular, the User promises to not use the services for the activities included in but not limited to the following list:
I) To assume the identity of a third party.
II) To violate the basic rights and public freedoms recognized in national legislation and in international treaties or conventions and, in particular, to attack the honor, personal intimacy, image, or ownership of goods and rights of third parties.
III) To incite or promote criminal, insulting, defamatory, or offensive actions or actions that are, in general, counter to the law, morality, and generally accepted social norms, or to public order.
IV) To induce or promote discriminatory actions or ideas based on race, gender, ideology, religion, or beliefs.
V) To incorporate, make available, or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, offensive or, in general, counter to the law, morality, or public order.
VI) To violate the intellectual or industrial property rights of third parties.
VII) To violate legislation on privacy of communications, regulations on publicity, and/or regulations on unfair competition.
VIII) To transmit with willful misconduct or fault, through the Web page, e-mail, programs, or information (including viruses or harmful software) that cause or can cause loss or damages in any degree to the computer systems of the COMPANY or of other Users or of third parties, or to falsify the origin of e-mail or other material contained in files transmitted via the Web page.
6. General disclaimer.
The COMPANY makes no declarations nor does it offer guarantees of any kind, either explicit or implicit, relative to the working of the Web page or the information, content, software, materials, or products included on the web site, to the degree allowed by the applicable legislation. Likewise, the COMPANY is exonerated of providing any guarantees, either explicit or implicit, including, among others, the implicit warrantees of fitness for a particular purpose.
The COMPANY will not be responsible for losses or damages of any kind that may be derived from the use of this Web Page, including, among others, direct and indirect damages.
The COMPANY will not be responsible for any direct or indirect losses or damages that may be derived from interruptions in Web page service or by its continuity. Likewise, the COMPANY will not be responsible for possible errors or deficiencies in security that may arise from the use, by the user, of a non-updated or insecure version of a navigator, or from the activation of devices for conserving user passwords or identification codes that are recorded in the navigator, or from damages, errors, or imprecision that may be derived from the improper functioning of the same.
The COMPANY does not provide guarantees of any kind, either expressly or implicitly, with respect to the information transmitted, distributed, published, or stored on the Web Page, nor with respect to the way the Users, their employees, or third parties make use of the same.
In any case of responsibility attributable to the COMPANY, it will be responsible only for the effective and direct losses and damages caused, without including in any case compensation for lost profits.
The User will be responsible for losses and damages of any type suffered by the COMPANY as a direct or indirect consequence of User incompliance with the conditions.
7. Links or hypertext links with the Web Page.
The Users or the owners of other websites that seek to create a hypertext link (herein, link) to the Web Page should make sure and make a commitment to respect the COMPANY?s rules about Internet links.
Those rules are:
I) Do not establish links to Web Pages or sub Web Pages other than the home page of the Web page.
II) Do not establish links that permit the reproduction, in part or in whole, of the pages of the home page of the Web Page.
III) Do not place next to the link any false, imprecise, or incorrect declarations that can induce error or confusion, or, in general, that are counter to the law, morality, or accepted social norms.
IV) Do not include any brand name or protected logo other than the URL address of the Web page, and
V) Do not establish links with Web Pages that contain content, declarations, or advertising that is racist, xenophobic, pornographic, in favor of terrorism, or attacking human rights, and, in general that can damage in any way the good commercial name, or the image of the COMPANY or of its clients.
In no case may the inclusion by other websites of links to the Web Page imply that the COMPANY has any ties or associations of any type with the owner of the website establishing the link or, even less so, that the COMPANY promotes, approves, guarantees, or recommends the content of those Web Pages or websites.
On its part, the Web Page can contain links to other Web Pages or websites not managed by the COMPANY. The COMPANY declines all responsibility for the information contained on those Web Pages or websites that can be accessed by links or search engines on the Web Pages of the COMPANY. The presence of links on the Web Pages of the COMPANY is for purely informative purposes.
The COMPANY therefore takes no responsibility nor does it provide a guarantee of any type, either expressly or implicitly, with respect to:
I) The marketability, appropriateness, quality, quantity, characteristics, source or origin, commercialization, or any other aspect of the products or services offered and marketed on the Web page.
II) Direct, indirect, or any other type of losses and damages that may be generated by the products or services offered, marketed, acquired, sold, or loaned through that Web page.
III) Prices offered or agreed to by the Users with the offering entities.
IV) Transactions or operations carried out between them.
V) The successful conclusion of the same.
VI) The terms and conditions agreed to by them for their business deals, and conditions for use, or modifications, compliance and execution, invoicing, and ways and means of payment and resolution.
VII) Ensuring the delivery of the products or the provision of the services.
VIII) The information exchanged between them.
IX) The content and use or non-use of personal information that said entities require from the User to capture and carry out the operations.
X) The content and use of the personal information that the COMPANY transmits to those entities with the sole and exclusive purpose of following through on the business relationship initiated or created, in conformance with the indications in the Notification at the bottom of the User registration form.
XI) The employment by the Users of publicity, or of the distinguishing symbols of a third party or their own logos.
8. Intellectual and Industrial Property Rights.
All the content of the Web page (including, but not limited to, databases, images and photographs, patents, utility models, industrial designs, drawings, graphs, and text, audio, video, and software files) is the property of the COMPANY, or of those who supplied the content. In this last case, they are subject to licenses or cessions by the same, and are protected by national or international intellectual and industrial property laws. The compilation (understood to be the gathering, design, organizing, and set-up) of the entire contents of the Web page is the exclusive property of the COMPANY, and is protected by national and international industrial and intellectual property laws.
All the software used to design the screens, navigation, and use and development of the Web page is the property of the COMPANY or its software providers, and is protected by national and international industrial and intellectual property laws.
Brands, labels, distinctive symbols, or logos of the COMPANY that appear on the Web Page are owned by the COMPANY and are duly registered or in process of registration. The names of other products, services, and companies that appear in this document or on the Web Page may be the brands and other distinguishing symbols for their respective and legitimate owners.
All the texts, graphics, videos, or audio supports are the property of the COMPANY, or of the providers of the content, and may not be modified, copied, altered, transformed, reproduced, adapted, or translated by the User or by third parties without the express authorization of the owners of that content.
In no case does making available to the Users the databases, drawings, graphs, images and photographs, and text, audio, video, and software owned by the COMPANY or by its providers shown on the Web page, imply a cession of its ownership or the concession of a usage right in favor of the User, other than the usage right implied by the legitimate use that is in accordance with the nature of the Web page.
Any use of the content of the Web page, of the services, and, in general, of all the rights mentioned in the above paragraphs without authorization from the COMPANY is completely prohibited. This prohibition includes its use, reproduction, dissemination, transformation, distribution, broadcasting by any method, later publication, exhibition, public communication, or total or partial representation, and, if taken, those actions will constitute an infraction of the y?s intellectual property rights, COMPANY's intellectual property rights, punishable by the legislation currently in force.
9. Force Majeure.
For the effects of these General conditions force majeure is understood to include, but not be limited to:
I) All non-negligent events that are impossible to foresee, or even if foreseen or foreseeable, inevitable.
II) Access failures for the different Web Pages.
III) Failures in electrical or telephone service.
IV) Damages caused by third parties or attacks on the Web server (viruses) that affect the quality of the services and cannot be attributed to either the COMPANY or the User.
V) Failures in the transmission, dissemination, storage, or making available to third parties of the databases and other content of the Web page, and,
VI) Problems and errors in the reception, acquisition, or access to the Web Page or to the services by said third parties.
10. Suspension of Access to the Web Page and to the services.
The COMPANY will work toward the continuous availability of the Web page. Nevertheless, testing, control, or maintenance operation modes will be freely determined and carried out by the COMPANY at any time, regardless of the procedures and methods employed to carry them out. The COMPANY will attempt, whenever reasonably possible, to notify the Users by means of an announcement on the Web Page that a maintenance operation or other activity is being undertaken that may affect the Web Page.
The COMPANY reserves complete liberty to modify the transmission or follow-up capacity, or other technical methods or services used for access or use of the Web page.
The COMPANY may temporarily or definitively suspend the services, without generating any type of indemnification in favor of the User, under any of the following circumstances:
I) When necessary for maintenance work.
II) When necessary to preserve the integrity or security of the services provided, the equipment, the system, or the networks of the COMPANY or of third parties, whenever they affect or could affect the services of the COMPANY.
III) When justified by operational motives at the COMPANY or at a third party in situations that could affect the provision of services by the COMPANY.
IV) When there is a force majeure, the COMPANY will attempt to keep the User informed relative to any suspension and its reasons, whenever possible.
I) There is an incompliance with any of the obligations established in these General Conditions, when said incompliance is not resolved within thirty (30) days from the date of written notification, except if it cannot be resolved due to its gravity.
II) The other party is insolvent or is subject to voluntary or involuntary bankruptcy procedures or suspension of payment, or if said party has been assigned a liquidator, custodian, or other similar figure, or if it makes a cession in favor of its creditors, or if it makes any decision leading to its dissolution or liquidation.
The General Conditions for the Web Page may also be terminated, without prior notification to the User, when:
I) There is knowledge that the User is engaged in any illegal activity by means of the services.
II) The User has failed in any of its essential obligations, according to these General conditions and, especially, in case of improper use of the access code, or in case of the violation or disregard of the intellectual and industrial property rights of the Web page, all of this without prejudice to the exercise of any corresponding legal actions in defense of the COMPANY?s interests.
12. Savings clause.
If any clause in these general conditions is declared, in whole or in part, to be null or no longer in effect, that nullification will affect only those provisions or parts of provisions that are null or no longer in effect. The remainder of the general conditions shall continue in full force and effect, unless the nullification is made is to a part that is essential to the general conditions, and therefore affects them in an integral way.
13. Laws applicable to the Contract, and Jurisdiction.
These general conditions will be interpreted and governed in conformance with Spanish legislation.
The courts of Madrid will have jurisdiction over any litigation derived from the existence, access, use, or content of the general conditions.