1. THE UFD WEB PORTAL AND APP
1.1 Via the UFD Portal (hereinafter, “the Portal”) of UFD DISTRIBUCIÓN ELECTRICIDAD, S.A. (Hereinafter “the COMPANY”), accessible via the URL www.ufd.es and the tuluz app (hereinafter “the App”), visitors and users thereof (hereinafter “the Users”) are provided with access to a wide range of services and content relating to electricity distribution (hereinafter, “the Services”).
1.2 The details of the company responsible for the Portal are as follows:
UFD DISTRIBUCIÓN ELECTRICIDAD, S.A.
Avenida San Luis, nº 77
Registered in the Madrid Companies’ Register, volume 30.183, sheet 206, page M-503809.
2. CONDITIONS OF ACCESS AND APPLICATION
Access to the Portal and download of the App involves the prior reading and acceptance by the Users of these General Conditions of Access and Use (hereinafter, “the General Conditions”). The act of accessing and making use of the Portal and downloading the App shall be understood as the expression of full and unconditional acceptance by the User of the content of each and every one of these General Conditions as they appear on the Portal at the time of access. If Users do not agree with the content of these General Conditions, they must therefore not access the Portal, operate across it or download the App. The COMPANY reserves the right to modify these General Conditions by announcing the changes on the Portal itself and on the App, in such a way that Users are kept duly informed at all times.
The contracting and/or use of certain Services available on the Portal may require User identification and his or her acceptance of specific conditions that may expand upon, supplement and/or even modify these General Terms and Conditions (hereinafter, “the Specific Terms and Conditions”). Users must also carefully read the content of the corresponding Specific Conditions, or any other legal notice appearing on the Portal.
As a User, you hereby declare yourself to be of legal age and/or in possession of sufficient legal capacity to be bound by these General Terms and Conditions (and, where applicable, by the Specific Terms and Conditions regulating the use of a given Service) and to use and, where applicable, contract the Services offered via the Portal. The User hereby expresses his or her full and unconditional acceptance that all access and use of the Portal, its Services and its contents is made under his or her sole responsibility.
THE COMPANY reserves the right to suspend or cancel access in the event that it is used to breach any applicable law or standard rules on Internet use, or in the event that its domain or applications are used in connection with unlawful activity, and also in the event that notification is received in this regard from a competent authority or on those grounds as provided for by current legislation.
When using the Portal and/or the App, as well as the services associated with the same, users must respect the following obligations:
a. Not to enter, store or disseminate through the website, applications or any of the associated services, any computer programme, datum, virus, code or any other electronic instrument or device capable of causing damage to the website, the applications or any of the associated services or any devices, systems or networks of the owner of the domain, or of any user, suppliers or in general of any third party, or which is otherwise capable of causing any kind of disturbance to them or of impeding the normal operation of the same.
b. Not to destroy, alter, render useless or damage the data, information, programmes or electronic documents of the COMPANY, its suppliers or third parties.
c. Not to use the content, particularly the information obtained through the website or the applications to forward advertising, send messages for marketing purposes or for any other commercial purpose, nor to collect or store the personal data of third parties.
d. They must refrain from evading or manipulating any technical devices put in place, whether on the website, in the applications, in any of the services or in any of the materials, elements or information obtained via the same for the protection of their rights.
Where there is any contradiction between the General Conditions of Access and Use of the Portal and/or the App and any Specific Conditions, the latter will apply, except where the General Conditions are more favourable to the User than the Specific Conditions.
3. CONTENT OF THE PORTAL
3.1 Upon visiting the Portal, the User acknowledges, understands and accepts that the information provided on said Portal regarding products and services or any other information contained therein is displayed solely for informational purposes, and should be regarded as preliminary information made available to the User which may at any given moment contain errors, inaccuracies or be out of date.
3.2 The COMPANY reserves the right, at any time and without prior notice, to unilaterally modify or implement changes to the configuration of the Portal at its discretion, as well as to the content and range of Services provided over it and the corresponding conditions of access. Similarly, the COMPANY reserves the right to add new Services and content to the Portal, as well as to temporarily or permanently delete, restrict, suspend or prevent access to the Services provided over the Portal under any of the circumstances outlined in these General Conditions.
4. SPECIFIC CONDITIONS FOR PORTAL SERVICES
The Services are, as a general rule, provided to Users free of charge. However, payment may be required for certain Services, a fact that will be clearly stated in the General or Specific Conditions of the service in question.
5. IDENTIFICATION AS A USER OF THE PORTAL AND DOWNLOADING THE APP
5.1 The contracting and use of certain Services provided by the COMPANY and downloading the App will require User identification via the login form that appears on screen upon selecting a Service of this type. In either case, the User will be held solely responsible for the accuracy of the information entered into the identification form.
The User will then be asked to choose their Username and Password required in order to access the Portal and download the Application and will be used to identify him or her as a registered user of the COMPANY for all purposes (hereinafter, “Registered User”).
The Username and Password selected by the Registered User are personal and non-transferable. The Registered User is required to notify the COMPANY of any possible changes to his or her personal data.
5.2 The User shall keep his Username and Password safe and secure, avoiding writing it down and, in general, taking all precautions necessary to prevent it from being disclosed to third parties. It shall be the responsibility of the Registered User to take due care to prevent third parties from accessing and/or using any Services contracted in his or her name and/or from using his or her account details. Similarly, the Registered User will be solely responsible for the selection, loss, theft or non-authorised use of any account details, and for any consequences incurred as a result. The Registered User is to notify the COMPANY as soon as possible as to the loss, theft or non-authorised use of their Username or Password. Notification is also required where the User suspects that any of the above has occurred. The Portal will then remove the Registered User from its databases, without disallowing said user from restarting the registration procedure on the Portal.
In either case, the Registered User shall be responsible for making proper use of the Services contracted and keeping his or her Username and Password secure, duly avoiding their unlawful and improper use beyond that established in these General Conditions and, where applicable, in the General or Specific Conditions of each Service. The User is responsible for providing truthful, complete and up to date data. In the event that the user provides false data or THE COMPANY suspects this to be the case, the COMPANY reserves the right to suspend the registration process. Each user account will be associated with one single user, who must take due care to protect their password.
The log-in account is personal and non-transferable.
5.3 The Registered User may, at any time, instantly deregister as a Portal User, without this decision having any retroactive effect, by using the form available on the Portal itself. To do so, he or she must log in as a registered user.
5.4 Registration for the Portal by the User will imply the express and unconditional acceptance by said User of the COMPANY’s privacy and data protection policy as outlined in Section 6 below and in the legal notice found at the bottom of the Portal’s registration form. 5.5. THE COMPANY reserves the right to block access to those users who abuse or make unauthorised use of the Portal and/or the App.
6. PERSONAL DATA
Pursuant to the provisions of the General Data Protection Regulations and other regulations governing data protection, as well as Law 34/2002 of 11 July on services of the information society and e-commerce, the Website User is informed of the following:
I. DATA PROCESSOR
1. The personal data that the User provides by filling in this contracting form, or may provide in the future, i) will be collected and processed automatically as potential customers, for which the data controller is UFD DISTRIBUCIÓN ELECTRICIDAD, S.A. (hereinafter, UFD) with registered address at Avenida San Luis Nº 77, 28033 Madrid.
In order to guarantee proper management in the processing of your data, UFD has a Data Protection Officer. The contact details are shown below:
Postal address: Plaça del Gas, 1 – Postcode: 08003 Barcelona
1. In order for the User to be able to contract and/or manage the products and services that their power company UFD, of Grupo Naturgy Energy Group, offers to its customers via the Portal, they must first demonstrate their status as a customer of said company, with which they have contracted the service, and data related to their contract will be required by said Company. Said personal data, and any that may be provided in the future, will be processed by UFD for the service that the User has contracted.
2. The purpose of the automated processing to which the personal data of the customers of UFD will be subject is that which is detailed in the following sections, but in relation to its own goods and services and especially those related to the supply and consumption of energy, telecommunications, Internet, financial and insurance services, healthcare and roadside assistance, and equipment and assistance in the home or business; recreational activities; or for the purpose of commercial research relating to the energy sector.
III. PURPOSE FOR WHICH YOUR DATA ARE PROCESSED
The personal data provided by the users of this website and/or provided by the users via any website made available to the public by NEDGIA may be processed thereby for the following purposes based on the type of data provided by the user and the interaction undertaken by the user via the website in question. Below, the User is informed that the purposes for which the data thereof will be automatically processed are:
To maintain and comply with the business relationship and/or communication undertaken with the Data Controller by contracting any of the products and services offered thereto therein, or which may be offered in the future, regarding the supply and consumption of energy, and equipment and assistance in the home or in the businesses; or for the purpose of commercial research regarding the energy sector. Your data may be kept for this commercial or promotional purpose even once the contractual relationship has ended;
(ii) To provide you with information or, via any means, commercial communications regarding these products and services or those that are incorporated over time into the PORTAL, and
(iii) Knowledge of your preferences for the purpose of adapting offers on our products and services to your particular interests and needs. To this end, our server will send your computer a cookie file which, using the information it provides us about the web pages you visit via www.ufd.es, will allow us to learn about your browsing habits as a User and thus customise your preferences to make your browsing on our website easier. In any event, the User has the ability to configure their computer so as to reject the installation of said “cookies”.
(iv) To comply with all the legal obligations that affect UFD.
(v) To process and manage your requests regarding products and services offered by UFD, as well as to maintain, develop and control the existing business relationship between the parties, including to that end assessment, evaluation and monitoring based on scoring techniques.
(vi) To determine your level of financial and credit solvency with regards to payment obligations and, in the event of non-payment, to communicate the details of the default to common financial solvency files, pursuant to all established legal requirements set out in the current applicable legislation.
(vii) To create profiles through marketing studies and statistical and segmentation techniques and procedures that allow improvements to be introduced and appropriate offers to be chosen of products and services that correspond to your characteristics and needs.
5. If the User does not wish their data to be communicated as indicated in the previous paragraph and/or does not wish to receive commercial communications (advertising or promotional), they may freely express their decision via the methods indicated in the previous paragraph 1. Acceptance by the User of their data being processed or communicated in the way defined in the previous paragraphs may be revoked at any time, with no retroactive effect, in accordance with the provisions of Articles 7.3 GDPR and 22.2 LSSI.
IV. DATA PROCESSED BY UFD AND SOURCES OF SAID DATA
The data processed by UFD as a result of the interactions undertaken by the user via our website are taken from the following sources:
• Data provided by the user when filling in the forms made available, by filling in the spaces made available in contracts or by any other means through which the user engages in communication with the data processor.
• Data generated as a result of developing, processing and maintaining the relationship created between the user and the data processor.
• Data from third parties or public access sources. UFD may process the following types of personal data depending on the relationship established with the user:
• ID details (e.g. name and surname(s), email address, postal address, telephone number, IP address, etc.).
• Economic, financial and insurance details (e.g. bank details). • Data on personal characteristics and social circumstances (e.g. age, date of birth, tastes, hobbies and lifestyle, etc.).
V. LEGAL GROUNDS FOR PROCESSING THE DATA
UFD processes the personal data provided by the users of its websites in accordance with the following legal grounds, depending on the type of data provided by the user and the interaction undertaken by the user with the Supply Company.
The legal grounds for processing your personal data lie in the development and execution of the contractual relationship established with you.
Furthermore, the legal grounds for processing your personal data also lie in the legitimate interest to know your financial solvency and creditworthiness prior to undertaking activities related to compliance and non-compliance with monetary obligations.
The following data processing actions are based on consent and relate to:
• The processing of your personal data through marketing studies and statistical and segmentation techniques and procedures that allow improvements to be introduced and/or the information and the offers of products and services that best fit your profile to be adapted or chosen, and, consequently, also allow the distribution of advertising or promotional material through the aforementioned communication channels.
• The processing of personal data after the contractual relationship with UFD has ended, and unless you expressly request the deletion thereof through the means provided for this, with a twofold purpose:
(i) statistical and
(ii) to provide you with advertising or promotional information.
• The communication, where appropriate, of your personal data to NATURGY ENERGY GROUP, S.A. for the sending of advertising, promotional material or information about products related to the business thereof via various channels, including electronic channels.
VI. COMMUNICATION OF THE DATA
The personal data processed for the purposes described above may be communicated to the following recipients depending on the legal grounds for communication.
By virtue of the above, the following data communications seek to guarantee the correct development of the contractual relationship and ensure compliance with the legal obligations corresponding to such communications:
• To common solvency files related to compliance and non-compliance with financial obligations.• To public bodies and authorities.
• Suppliers when necessary, for the sole and exclusive purpose of compliance with the business relationship in question. Under no circumstances will said third party providers be able to contact Users directly for marketing or promotional purposes, nor may they transfer said data to third parties or other entities within its own group, whatever the intention behind said transfer, with the corresponding liability for breach of the foregoing lying solely with said third party providers.
The following communications are based on consent and relate to:
The data collected for the purpose of maintaining and complying with the business and/or communication relationship undertaken with the Data Controller by contracting or using the products and services offered thereto therein, or that may be offered thereto in the future, regarding the supply and consumption of energy, for sending by email, SMS and other means of electronic communication, advertising or promotional information means of a general or personalised nature through the application of marketing and technical studies and statistical or segmentation procedures.
VII. DATA STORAGE
UFD will store your personal data for the time needed to provide the service requested and/or to achieve the processing purposes sought.
Subsequently, provided that the user has not exercised their right to elimination, their data will be kept for the legal periods defined for each applicable case based on the type of data and the processing purpose.
VIII. DATA YOU MUST BE PROVIDED IN EACH CASE
UFD informs users that, when personal data are collected via a form made available on our website, it will be necessary for the user to at least provide those data fields marked with an asterisk (*). If said minimum data considered as necessary are not provided, UFD will be unable to manage the service or query posed by the user.
In the event that the User does not fill in all the fields marked as required in the contracting form, this may prevent the contract for products and services from being finalised.
IX. GUARANTEE OF THE DATA PROVIDED
The user guarantees that the data provided are accurate, truthful, complete and up to date, accepting liability for any direct or indirect damage that may arise as a result of non-compliance with this obligation.
The User undertakes and agrees to immediately notify the Data Processor of any change to their personal data so that the information contained in its files is up to date and error-free at all times.
X. MEASURES ADOPTED TO PROTECT YOUR DATA
XI. RIGHTS REGARDING YOUR PERSONAL DATA
UFD informs you that you are entitled to obtain confirmation regarding whether or not we are processing personal data that concern you.
Similarly, UFD informs you that you have the following rights regarding your personal data:
UFD informs you that you are entitled to access your personal data and obtain confirmation regarding how said data are being processed. Furthermore, you are entitled to request the rectification of inaccurate data or, as appropriate, request the elimination thereof when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
Under certain circumstances, you may request that limitations be imposed on the processing of your data, in which case UFD will only keep them for the exercise of defence against possible complaints.
Furthermore, also under certain circumstances, you may oppose the processing of your personal data for the purpose reported by UFD. In this case, UFD will cease to process the personal data unless legitimate grounds exist therefore or to guarantee defence against possible claims.
Finally, you may request the right to portability and obtain, for yourself or another service provider, certain information stemming from the contractual relationship established with UFD.
To exercise any of these rights, you may contact ATR by writing to Plaça del Gas Nº2 08003 de Barcelona, including “Data Protection-UFD” as the reference, or to the email address firstname.lastname@example.org. The identity of the person exercising such rights must be accredited when doing so, by including a copy of both sides of their DNI, NIE, Passport or equivalent document.
UFD will provide the requested information within one month from receiving the request. Said period may be extended to two months if necessary based on the complexity and number of requests.
UFD informs you that you may lodge a claim with the competent Control Agency for data protection issues. However, you may first of all lodge a claim with the Data Protection Officer, who will respond to the claim within two months.
7. GENERAL STATEMENTS AND GUARANTEES
7.1 The COMPANY declares and guarantees that the Portal and/or the Application incorporates all the technology (software and hardware) required, as on today’s date, to allow for its access and use. However, the COMPANY may not be held responsible for the possible existence of any viruses or other harmful files, introduced by any means or by third parties, that may infect the User’s computer system or lead to damages of any kind to the User’s computer system. The User fully accepts all of the foregoing and undertakes, for its part, to act with maximum caution and prudence when accessing and using the Services offered via the Portal and/or the App. Above all, though not exclusively, the User shall observe the security recommendations made on the Portal and/or the App.
7.2 The User accepts that the Portal and the App have been created and developed in good faith by the COMPANY using information taken from internal and external sources and are presented to Users in their current state, despite potentially containing errors, inaccuracies, relevant omissions or typos. Consequently the COMPANY does not under any circumstances guarantee the veracity, precision or completeness of the contents of the Portal, nor that they are up to date. The User thereby exonerates the COMPANY from all liability regarding the reliability or usefulness of the Portal and/or the App or any false expectations generated by it during browsing.
7.3 The User guarantees that any activities he or she undertakes through the Portal and/or the App shall comply with the law, ethics, generally accepted codes of conduct and public order, and shall under no circumstances be an affront to the good name and business image of the COMPANY, the NATURGY ENERGY GROUP, other Users of the Portal and/or the App or third-party service providers. In particular, the User undertakes to make correct and diligent use of the Services and shall refrain from using them for unlawful purposes, or purposes prohibited by these General Conditions, that are detrimental to the rights and interests of third parties or might in any way damage, render useless, overload or undermine these Services, third party computer systems or the documents, files and other content stored therein, or prevent the normal use and enjoyment of the Services by third parties.
7.4 Above all, though by no means limited to these considerations, the User shall not use the Services with the intention of
(i) assuming the identity of a third party;
(ii) violating fundamental rights and public freedoms as recognised in national legislation or international agreements and treaties and, above all, infringing upon the honour, personal privacy, image or ownership of goods and rights of third parties;
(iii) inciting or promoting criminal, derogatory, defamatory or offensive actions, or other acts not compliant with the law, ethics, generally accepted codes of conduct or public order;
(iv) inciting or promoting actions or ideas which discriminate by race, sex, ideology, religion or belief;
(v) incorporating, making available or allowing access to criminal, violent, pornographic or offensive products, elements, messages and/or services, or any of the foregoing that are otherwise in breach of the law, ethics or public order;
(vi) violating the industrial or intellectual property rights of third parties;
(vii) violating the secrecy of communications act, advertising regulations and/or unfair competition guidelines;
(viii) wilfully sending email, programs or data (including viruses and harmful software) over the Portal and/or the Application which may cause damage of any kind to the COMPANY’s computer systems, or those of other Users or third parties, including attempts to falsify the origin of the email or other material stored in a file sent via the Portal and/or the Application;
(ix) using the information contained in the Portal for direct sales purposes or for any other purpose, and
(x) sending unsolicited messages to an undifferentiated group of people, irrespective of the purpose thereof.
8. GENERAL LIMITATION OF LIABILITY
8.1 To the fullest extent permissible by applicable legislation, the COMPANY makes no declarations or guarantees of any kind, whether express or implied, in relation to the workings of the Portal and/or the Application, or to the information, content, software, materials or products included on it. Similarly, the COMPANY is exempt from providing any kind of express or implied guarantee, including the implied guarantees of fitness for a particular purpose. The COMPANY will not be liable for damages of any kind, whether direct or indirect, that may derive from the use of this Portal and or the App.
8.2 The COMPANY is not liable for any direct or indirect damages that might be derived from the interruption of the Service by the Portal and/or the App, nor for its continuity. Similarly, the COMPANY shall not be held liable for any security errors or faults that might be incurred through the use, by the User, of an non-secure or non-updated browser, nor for the activation of password retention features on the browser or any damages, errors or inaccuracies deriving from its malfunctioning.
8.3 The COMPANY disclaims any and all liability for the legality, content and quality of the products and services offered and/or, where applicable, sold by third parties through the Portal.
8.4 The COMPANY makes no guarantees, whether express or implied, regarding the information sent, distributed, published or stored on the Portal and/or the App, nor for the use made of it by Users, employees or third parties. Similarly, the COMPANY shall not be held accountable for the invalidity of any User nor the impersonation by the User of a third party. 8.5 In the event of any liability attributable to the COMPANY, this latter shall only be held liable for those damages caused directly or effectively by it, excluding any kind of compensation for lost profits. 8.6 The User shall be held liable for all damages incurred by the COMPANY as a direct or indirect consequence of the breach by the User of the General Conditions.
9. LINKS AND HYPERLINKS TO THE PORTAL AND/OR THE APPLICATION
9.1 Users or owners of other websites who wish to establish hyperlinks (hereinafter, “link”) to the Portal must ensure and undertake to follow the rules of the COMPANY regarding internet links. Said rules consist of
(i) not establishing links to pages or subpages other than the Portal’s home page;
(ii) not establishing links that allow the full or partial reproduction of the pages of the Portal’s home page;
(iii) not posting false, inaccurate, incorrect statements in the vicinity of the links in question which might lead to errors or confusion, or which, more generally, are in breach of the law, ethics or codes of conduct;
(iv) not including any trademark or protected sign other than the URL address of the Portal; and
(v) not establishing links to pages containing contents, statements or propaganda of a racist, xenophobic or pornographic nature, or which sympathises with terrorism or attempted threats against human rights, and/or which might in some way harm the good name or image of the COMPANY or its customers. In any event, the inclusion of links to the Portal on other websites does not signify that the COMPANY is in any way linked or associated with the owner of the website on which the link is posted, nor that the COMPANY promotes, guarantees or recommends the contents of said portals or websites.
9.2 In turn, the Portal and/or the App may contain links or hypertext links to other portals or websites not managed by the COMPANY. The COMPANY rejects all liability for the information contained on these portals or websites accessible via links or search functions found on the pages of the COMPANY’s website. The presence of links on the COMPANY’s website is purely for informational purposes. Therefore, the COMPANY is not liable nor makes any express or implied guarantee in relation to:
(i) the marketability, fitness, quality, quantity, characteristics, origin, marketing or any other aspect of the products or services being offered and promoted over the Portal and/or Application;
(ii) the direct, indirect or other damages that might be incurred by the products or services being offered, promoted, acquired, sold or provided over the Portal and/or Application;
(iii) the prices set or agreed by Users with provider bodies;
(iv) the transactions or operations carried out between them;
(v) their good outcome;
(vi) the terms and conditions agreed between them in their business dealings and conditions of use, nor for their modification, compliance and execution, billing, payment methods and channels, and resolution;
(vii) ensuring delivery of products or provision of services;
(viii) the information exchanged between them;
(ix) the content and use of the personal data that said bodies require from the User to secure and implement operations;
(x) the content and use of the personal data sent by the COMPANY to said bodies for the sole purpose of establishing the business relationship initiated or created, in accordance with that outlined in the Legal Notice found at the bottom of the User registration form;
(xi) the advertising Users might use, nor the use made by Users of the distinctive signs of a third party or the COMPANY itself.
9.3 All of the contents of the Portal and/or the App (including, though not limited to, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text, audio and video files and software) are the property of the COMPANY or its content providers, where said content have been subject to licence or transfer by said providers and are protected by national or international rules on industrial and intellectual property. The compilation (understood as the compilation, design, organisation and editing) of all of the content of the Portal is the exclusive property of the COMPANY and is protected under national and international rules on industrial and intellectual property.
9.4 All of the software used in screen design, navigation and use and development of the Portal and/or the App is the property of the COMPANY or its software providers and is protected under national and international laws on industrial and intellectual property.
9.5 Any trademarks, emblems, distinctive signs and logos of the COMPANY that appear on the Portal and/or the App are the property of the COMPANY and are duly registered or in the process of registration. The names of other products, Services and companies that appear within this document or on the Portal and/or the App may constitute trademarks or other distinctive signs registered by their respective and lawful owners.
9.6 All texts, graphic images, videos or audio files are the property of the COMPANY or its content providers and may not be subject to subsequent modification, copy, alteration, transformation, reproduction, adaptation or translation by the User or third parties without express authorisation from the owners of these contents.
9.7 Making the databases, drawings, graphics, images and photographs, text, audio and video files and software owned by the COMPANY or its providers available for use by the User on the Portal and/or the App does not, under any circumstances, imply the transfer of ownership or exploitation rights to the User beyond the right to make lawful use of it in accordance with the nature of the Portal and/or the App.
9.8 It is expressly forbidden to use the contents of the Portal and/or the App or the Services, or, in general, exercise any of the rights mentioned in the foregoing sections without the COMPANY’s authorisation, including their exploitation, reproduction, dissemination, transformation, distribution, transfer by any means, subsequent publication, exhibition, public communication or full or partial representation. Any of the above events shall constitute a breach of the COMPANY’s intellectual property rights and will be punishable under prevailing law.
10. FORCE MAJEURE
For the purposes of these General Terms and Conditions, force majeure shall be understood as, though not limited to, the following:
(i) any non-culpable, unforeseeable event or event which, where foreseeable, is inevitable;
(ii) errors in accessing the various web pages;
(iii) errors in the electricity or telephone supply networks;
(iv) damages caused by third parties or attacks on the Portal’s server (viruses) which affect the quality of the Services and which are not attributable to either the COMPANY or the User;
(v) errors in the transfer, dissemination, storage or delivery to third parties of the databases and other contents of the Portal and/or Application; and
(vi) problems or errors in the receipt, obtaining or access to the Portal and/or Application or Services by said third parties.
11. SUSPENSION OF ACCESS TO THE PORTAL, APPLICATION AND SERVICES
11.1 The COMPANY will endeavour to provide continuous availability of the Portal and/or Application. However, all testing, control and maintenance operations may be freely determined and implemented by the COMPANY at any time, whatever the procedures involved and means used to carry them out. The COMPANY shall endeavour, provided such action is reasonably possible, to notify Users via an announcement on the Portal and/or the App regarding the implementation of any maintenance operation or other activity that could affect the Portal and/or the App.
11.2 The COMPANY reserves all rights to modify the transmission capacities, monitoring or other means or technical Services used to access or use the Portal and/or the App.
11.3 The COMPANY may temporarily or permanently suspend Services without this act entitling the User to any kind of compensation under any of the following circumstances:
(i) where necessary to carry out maintenance activities;
(ii) where necessary to preserve the integrity or security of the Services provided, and of the equipment, systems or networks of the COMPANY or third parties, provided these affect or might affect the services of the COMPANY;
(iii) where justified by operational issues of the COMPANY or third parties that might affect the provision of Services by the COMPANY;
(iv) in the event of force majeure, the COMPANY will endeavour to keep the User informed as to the suspension and its causes, where at all possible.
12.1 Either party may consider these General Conditions to be terminated in the event of failure to fulfil any of the obligations set forth herein, provided that such a breach is not resolved within a period of thirty (30) days from the written notification of said breach, except in those cases where the breach cannot be rectified due to its severity;
12.2 The Portal and/or the App will also be able to terminate these General Conditions of Use without any warning to the User where:
(i) it receives knowledge of the User making use of the Services to engage in illegal activity;
(ii) the User breaches any of their fundamental obligations as stipulated in these General Conditions, and especially in the event of improper use of their access details; and in the event of a breach or violation of the intellectual and industrial property rights over the Portal, all the above without prejudice to the exercise of all those legal actions that may be pertinent in the defence of its interests.
13. ANNULMENT AND INEFFECTIVENESS OF THE CLAUSES
In the event that any Clause of these General Conditions is declared wholly or partially null or ineffective, this nullity or ineffectiveness will apply only to this provision, or to the part of this provision that is declared null or ineffective. The rest of these General Conditions will remain in force and this provision, or affected part of this provision, will be understood as having been withdrawn, except where, as an essential component of these General Conditions, it affects them as a whole.
14. APPLICABLE LAW AND JURISDICTION
14.1 These General Conditions shall be interpreted and governed in accordance with Spanish legislation.
14.2 Any dispute deriving from the existence, access, use or content of these General Conditions shall be subject to the competent territorial court corresponding to the address of the User in Spain.