General conditions of access and use of Web Sites and Appliactions belonging to METALOGENIA, S.A.
The company METALOGENIA, S.A. (hereinafter, “MTG”), with registered address in Monzón, Pol. Ind. La Armentera s/n, parcelas 79 - 84, 22400 Monzón, Spain, holding Fiscal Identification Number A-08103046, recorded at the Mercantile Registry of Huesca, tome 634, folio 174, sheet no. 13141, book 0, second entry, with e-mail address [email protected], telephone number +34 937 417 000.
These General Conditions of Access and Use regulate the access and use of the website "www.mtgcorp.com", the MTG applications and the MTG profiles on third-party Internet platforms (hereinafter, collectively referred to as the "Sites").
1.1. Sites access, use and ownership
These General Terms of Access and Use govern the access and use of the Sites, which MTG is making available to Internet users, and is aimed at providing users with information on MTG, its activities and products related to earth-movement machinery.
The Sites exist for information purposes only and are exclusively addressed to businesses and professionals, and in no event to individuals holding “consumer” status in the terms of Royal Decree 1/2007, dated November 16, approving the consolidated version of the General Act for the Consumers and Users Defense and other complementary regulations.
By accessing or using the Sites or clicking “accept” or “agree” to these General Terms of Access and Use, (i) you acknowledge that you have read, understand and agree to be bound by them, and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Sites. Consequently, please read them carefully before making use of the Sites. If you are not in agreement with these terms or any modified version of them, please refrain from using the Sites and their content.
Likewise, MTG hereby notifies the users of these Sites that these General Terms of Access and Use may be adjusted or modified at any time without prior notice. Any modifications will be effective immediately upon posting on the Sites. Consequently, the user must read these General Terms of Access and Use each time he wishes to use the Sites. The continued use of the Sites by the user following the posting of changes will entail user’s acceptance of such changes. You may have to click “accept” or “agree” to show your acceptance of any modified version of these General Terms of Access and Use.
Sites use and use restrictions
The user undertakes to diligently use the Sites, as well as the product information they contain, fully subject both to applicable regulations and to these General Terms of Access and Use.
MTG owns on an exclusive basis any and all rights, including any and all exploitation intellectual property rights, to the Sites.
The user acknowledges that he does not acquire any intellectual property right or any other type of right to the Sites other than the right of use granted under these General Terms of Access and Use. The user shall refrain from suppressing, altering, avoiding or manipulating any security or protection system or device included in the Sites.
The user will also fulfill the other rules and guidelines of these Terms and Conditions of Access and Use when using the MTG’s Sites. Likewise, access to and/or use and/or availability of the Sites may be interrupted at any time if so decided by MTG.
You are not entitled and should not use the Sites: (i) for the posting, uploading, emailing or other transmission of any illegal, abusive, defamatory or obscene material which would harass, distress or cause inconvenience to any person and/or would infringe his rights or inhibit his use and enjoyment of the Sites; (ii) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, promotion, material, “junk mail”, “spam”, “chain letter”, “pyramid scheme”, or any other form of solicitation or commercial exploitation; (iii) to create a database electronic or otherwise including material downloaded or otherwise obtained from the Sites; (iv) to transmit or re-circulate any material obtained from the Sites to any third party; (v) to obtain or attempt to obtain materials, documents or information from the Sites through any means not purposely made available in the Sites through automatic devices such as “deep-links”, “page-scraps”, “robots”, “spiders” or any similar means; (vi) to access, copy or monitor any portion of the Sites, or in any way reproduce or circumvent the navigational structure of the Sites or any content; (vii) to upload or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment by any means. MTG reserves the right to bar any such activity or material; or (viii) to use any portion of the Sites, by any means, to link to an internal or subsidiary page of the Sites that is placed one or several levels down form the home page (deep linking) or to present content of the Sites within another website (framing).
1.2. Exemption of liability
Operation of the Sites
The Sites may be ordinarily accessed 24 hours a day, seven days a week. MTG tries to keep the Sites in good operating condition, avoiding or repairing any errors and maintaining the Sites content duly updated. Nevertheless, MTG does not guarantee any availability and continuity in the Sites access and use or the absence of errors in the content thereof; nor does it guarantee that such content will be duly updated.
Total or partial access to the Sites may be suspended or annulled, at MTG’s discretion for, amongst others reasons, events of force majeure, software problems, difficulties related to the telecommunications network structure or technical difficulties, or for maintenance reasons. Furthermore, access to the Sites may be interrupted if so decided by MTG. The user recognises that it holds the necessary competence and means to access and use the Sites.
Modifications of Sites information
MTG reserves the right to carry out, at any time and without the need for prior notice, any modifications, removals or updates in the information contained in the Sites, including its configuration or presentation. Likewise, MTG hereby declares that all the products, procedures and programmes presented within the Sites may not be available in all countries.
Use of Sites information
Both access to the Sites and the use made of any information it contains, particularly regarding the suitability and adequate use of MTG’s products and/or services, shall be carried out under the user’s sole responsibility.
Furthermore, MTG hereby declares that the free information provided to the user as a result of specific consultations on the products or services offered on the Sites is purely indicative, and shall therefore not assume any liability whatsoever derived from any losses and damages that are directly or indirectly caused by the user’s use of such information. In particular, MTG hereby expressly declares that such information does not amount to a technical opinion issued further to all the relevant information requested. Consequently, if a binding technical opinion is required, MTG’s Inside Sales Department should be contacted (Tel.: 00 34 937 417 000).
In addition, MTG shall not be liable for any loss or damage caused to the user’s software or hardware that arises from access to the Sites.
1.3. User liability
The user knowingly and voluntarily accepts that its use of the Sites shall in any case take place under its sole and exclusive responsibility.
The user shall be liable for any losses and damages whatsoever that MTG may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these General Terms of Access and Use or further to applicable regulations on the use of the Sites.
1.4. “Link” policy
MTG does not assume any liability whatsoever derived from the connection or content of any links to third party websites, nor does the existence of such links mean that MTG is endorsing, promoting, guaranteeing or recommending the linked websites.
Likewise, any third parties wishing to include a link on a website to redirect Sites users must necessarily obtain MTG’s authorisation and prior consent, expressly and in writing. Said authorisation and consent may be withdrawn at any time by MTG, without having to provide any justification for its decision.
1.5. Industrial and Intellectual Property
All the contents published in the Sites, including without limitation copyrights, rights similar or related to copyrights or to the sui generis right over data bases, patents, utility models, industrial designs, graphics, source code, texts, pictures, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, music and/or audiovisual works, trade secrets and know-how, whether registered, applied for or not registered (“Contents”), are owned or licensed by MTG and protected by all applicable industrial and intellectual property law, including unfair competition laws.
Unless otherwise specified in this clause, users are not allowed, by any means, to reproduce, distribute, transform or communicate the Content to the public. Even if expressly authorized, any use of the Content must comply with these General Terms of Access and Use. Consequently, if an authorization is necessary, please forward a request to the following e-mail address: [email protected]. Any unauthorized use of the Content shall amount to an infringement of the intellectual property rights held by MTG or any other owner.
You may access to the Sites but you are not authorized to reproduce, distribute, transform or communicate the Contents to the Public. Specifically, you are not authorized to publish the Contents for any commercial purpose or for redistribution or dissemination, regardless the media, beyond the accepted limits conferred by the rights to information and/or freedom of speech.
When using Contents for a non-commercial purpose, such use must be done under the following conditions: (i) Contents must be used in a way that do not suggest any kind of sponsorship or support by or association with MTG. In this sense, Contents cannot be used in any place as main component or in a predominant manner; (ii) Contents must be used in their original format, without being modified. Any change of the appearance of the Contents is prohibited; and (iii) Contents shall not be included on websites or other places related with pornography, gambling, illegal activities or any other activity capable of negatively affecting MTG reputation.
MTG is the sole right holder of the brands which identify its products. The brands marked with an asterisk are not owned by MTG and are named for the sole purpose of identifying the destination of the products with no link between MTG and the legitimate right holders of the brands.
1.6. Technical requirements
MTG may suspend your ability to access and/or use the Sites or may terminate these General Terms of Access and Use immediately, without notice or explanation. Without limiting the foregoing, MTG may suspend your access to the Sites if we believe you to be in violation of any part of these terms. After any suspension or termination, you may or may not be granted permission to access and/or use the Sites. You agree that MTG shall not be liable to you for any termination of these terms or for any effects of any termination of these terms. You are always free to discontinue your use of the Sites at any time.
1.8. Applicable law and jurisdiction
The access and use of the Sites shall be governed by and interpreted pursuant to Spanish law.
Any dispute that may arise between MTG and the users in connection with these Terms and Conditions of Access and Use and/or the use of the Sites shall be submitted to the Courts and Tribunals of the city of Barcelona (Spain), with express waiver of their own forum, should they have right to another.
2.1. Treatment of personal information provided through the Sites
2.2. Veracity and adaptation of the data
The only personal data to which MTG will have access through the Site will be that provided by the user voluntarily, and it will be treated in line with the applicable regulations. All the fields marked with an asterisk (*) in the corresponding forms are compulsory, in such a way that the omission of any one of these may result in not being able to attend to the user's request.
In order that the information supplied is always updated and does not contain errors, the user must inform of any modifications or rectifications to their personal data that may take place as swiftly as possible The user is responsible for the veracity and exactness of the personal data provided, and MTG reserves the right to exclude any user providing false data from the services registered for, without prejudice to any other actions that might apply pursuant to the Law. Under no circumstances will the user register data belonging to third parties in the Site.
2.3. Commercial communications and/or Newsletters
MTG hereby informs users that they may request their consent for sending commercial communications and/or newsletters by means of the different data gathering forms. If express consent is provided, for which the correct box must be ticked in the data collection forms, MTG might contact the user through ordinary post, email, SMS or any other equivalent communication channel for the purposes of sending them newsletters and/or commercial information about products, events and/or services offered by MTG and/or its partners and that might be of their interest, in addition to news items and promotional materials that MTG and/or its partners might consider of their interest.
Users are not obliged to receive this information after ticking the correct box in the form or otherwise (as the case may be) or by means of later communications, as if at any time, they do not wish to continue receiving information of this nature, consent may be revoked by sending written communication to the following address: Carrer d’Àvila 45, 08005 Barcelona, or by sending an email to: [email protected], we ask that you provide an electronic copy of an ID document, which will allow for the verification of your identity. The legal basis for the treatment of this data is the consent granted by the user, stated by ticking the correct box in the Site’s data collection forms.
2.4. Data transfers
MTG will not transfer any personal data belonging to the user to any third parties without their prior consent, unless said transfer is legally requested and/or necessary for the maintenance of the relationship with the user, in which case, the use of the personal data by the third party will be restricted to the end for which it was collected.
In any event, when the transfer is not necessary for the provision of the service at hand, MTG's data gathering forms will be used to inform the user of the purpose of the treatment of said data, as well as of the identity and activity sectors of the possible transferees of this data, and the user will further be offered the possibility of accepting this transfer or not. In this case, the legal basis behind said treatment will be the user’s consent. Similarly, we would like to inform you that MTG will grant access to the user’s data, and, whenever appropriate, to that of their legal representative, to MTG service providers (“maintenance managers”) established both within the European Economic Area and other countries, some of which might not provide a level of protection that is comparable to that of Europe (said international transfer has adequate transferring guarantees, and a copy of these may be requested from MTG).
2.6. Safety measures
Pursuant to the law in force, MTG would like to inform users that any necessary technical/organisational safety measures that guarantee the safety of your personal data and impede its alteration, loss, processing and/or unauthorised access are implemented taking into account the technological status, nature of the data stored and the risks to which they are exposed, whether said risks come from human input or the physical or natural environment.
However, the transmission of information through the Internet is not entirely secure; therefore, and despite MTG putting much effort into protecting the users’ data, MTG is unable to guarantee the data’s safety during transfer throughout the Web. Users provide their information at their own peril. Once the data from the users has been received, MTG will use rigorous procedures and safety features to impede any unauthorised access.
Any personal data that MTG might gather from the Sites or by means of the different communications they may maintain with the users will be processed exercising the utmost confidentiality; MTG further commits to refrain from divulging them, guaranteeing their right of safekeeping by adopting the necessary steps to avoid their alteration, loss, processing or unauthorised access, pursuant to what is established in the applicable Laws.
2.8. User registration and password
Additionally, MTG hereby informs the users that upon registering in the pertinent section of the Sites, a username and password will be assigned to them, which will allow them to start a session at any time as a “Registered User”, and to access the features of the corresponding section. It is of the utmost importance that users store their passwords in a safe location. Users will be solely responsible for the use, whether authorised or otherwise, of their personal account, and commit to diligently utilise said information, as well as to avoid placing it at the disposal of third-parties, in addition to communicating it in the event of loss or theft.
2.9. Storage periods
The personal data provided to MTG by the user through the different Sites will be stored for as long as needed in keeping with the purpose that prompted its gathering (among others, whilst registered as a user of the corresponding Site, or while a reply to the user’s query has not been given). Once the purpose that prompted the gathering of data has been fulfilled, the user’s personal data will be stored in a blocked format (that is to say, they will only be accessible by judges, courts of law, the Inland Revenue or the corresponding Public Administration bodies) during the applicable legal expiry periods. Once the corresponding storage periods have elapsed, the data will be eliminated.
2.10. User rights
Users may revoke the consent given and exercise their rights of access, rectification, suppression, opposition and limitation in regard to the treatment or transfer by writing to the address displayed at the header of these General Terms of Access and Use by conventional mail, in person (carrer d’Àvila, 45, 08005, Barcelona), or by sending an email ([email protected]) stating the user’s full name, providing a copy of the National ID document or an equivalent document that might attest to their identity, and visibly stating the specific right exercised. Similarly, users retain the right to present a complaint before the Spanish Data Protection Agency.