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1.1 The Gas Natural Fenosa Portal (hereafter known as "the Portal"), owned by the company GAS NATURAL SDG, S.A. (hereafter, "the COMPANY") and accessible on URL www.gasnaturalfenosa.com, provides visitors and users of said Portal (hereafter, "Users") with access to an extensive range of products, services and content related to energy supply and consumption, home installation and aftercare (hereafter, "the Services").
1.2 The details of the company responsible for the Portal are as follows:
Plaça del Gas, 1
Registered in the Business Register of Barcelona in volume 22,147, section 147, page B-33,172, registration no. 677.
Access to the Portal implies prior reading and acceptance by Users of these General Conditions of Access and Use (hereafter, "the General Conditions"). The act of accessing and making use of the Portal 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. Where the User is not in agreement with the content of these General Conditions, he or she must refrain from accessing the Portal or operating through it. The Portal reserves the right to modify these General Conditions by announcing the changes on the Portal itself, 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 Conditions (hereafter, "Specific Conditions"). Users must also carefully read the content of the corresponding Specific Conditions, or any other legal notice appearing on the Portal.
As User, you hereby declare yourself to be of legal age and/or in possession of sufficient legal capacity to be bound by these General Conditions (and, where applicable, by the Specific 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.
Where there is any contradiction between the General Conditions of Access and Use of the Portal and any Specific Conditions, the latter will apply, except where the General Conditions are more favourable to the User than said Specific Conditions.
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.
3.3 The COMPANY hereby informs the User that he or she will, via the Portal, have access to products and services provided by companies belonging to the Gas Natural Fenosa Group, and to products and services provided by third parties, subject to availability. For these, Users shall be bound by all applicable terms and conditions issued by the respective parties. The COMPANY shall not be held responsible or liable for any of the products and services offered by the aforementioned parties.
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.
5.1 The contracting and use of certain Services provided by the COMPANY will require User identification via the identification form that appears on screen upon selecting a Service of this type. Similarly, for the contracting and use of certain services provided over the Portal by other companies within the Group, Users will need to fulfil the requirements set by the provider company in question, which will be made available to the User either on the Portal itself or on the website of the corresponding provider company. No Portal User will be able to access the products and services of said companies without having first identified themselves as a Portal User. 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 select the Username and Password needed to be able to access the Portal, which will be used to identify him or her as a registered user of the COMPANY under all circumstances (hereafter, "Registered User").
The Username and Password selected by the Registered User are personal and non-transferrable. It is the obligation of the Registered User to notify the COMPANY of any 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.
5.3 The Registered User may unsubscribe as Portal User at any time and with immediate and no retrospective effect using the online Customer Service form found in the right-hand menu of the Virtual Office or at the top of the page, where they will be required to enter their user details.
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.
In compliance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (Spanish abbr.: LOPD), and of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Spanish abbr.: LSSI), Users of the Portal are informed of the following:
I. GAS NATURAL INFORMÁTICA, S.A.
II. GAS NATURAL DISTRIBUTOR AND/OR MARKETING COMPANIES
1 The personal data provided by the User when completing the registration forms found on the pages of the http://www.gasnaturalfenosa.com website ("the Portal") or which may be provided at a future date will be compiled in an automated database managed by the Gas Natural Fenosa Group (Gas Natural Informática, S.A. hereafter, "GAS NATURAL INFORMÁTICA"), registered at Plaça del Gas nº 1, 08003 Barcelona. Users may exercise their rights to access, correct, cancel and oppose the treatment of their data under the terms established in current legislation by directing their request to 'GAS NATURAL INFORMÁTICA, S.A. Departamento de Servicio al Cliente', at address Plaça del Gas nº 1, 08003, Barcelona, citing "Data Protection" as reference.
2 Users are also hereby informed that the purpose of the automated treatment of their data is (i) to ensure the fruitfulness of any relationship he/she might embark upon with the COMPANY, or any other company within the Group, for which his/her data must be transferred in accordance with the provisions of section 7, and (ii) to be able to send them information via any means regarding the products and services of the Gas Natural Fenosa Group or any that are incorporated over time into the Portal.
3 The omission on the part of the User to complete all of the fields indicated as obligatory in the registration forms found on the Portal may result in their not being fully registered as User. This will mean that, while he or she will be able to continue to browse the Portal, they will not be able to access the products and services being offered on it.
4 The User shall immediately notify GAS NATURAL INFORMÁTICA of any changes to their personal data in order to ensure that the information contained in GAS NATURAL INFORMÁTICA's databases is kept up-to-date at all times and does not include any inaccuracies.
6 By accepting the legal notice associated with the registration form, the User gives consent for their data to be passed on to GAS NATURAL SDG, S.A. and the following companies within the GAS NATURAL FENOSA Group: UNIÓN FENOSA COMERCIAL, S.L., GAS NATURAL S.U.R. SDG, S.A., GAS NATURAL COMERCIALIZADORA, S.A., GAS NATURAL COMERCIAL SDG, S.L. (registered at address Plaça del Gas nº 1, 08003 Barcelona); (registered at address Plaça del Gas nº 2, 08003 Barcelona); (registered at address Avda. Balears, 69 de Valencia), GAS NATURAL ANDALUCÍA, S.A. (registered at address Políg. Indust. Pineda, Calle E, Parcela 4, Seville), GAS NATURAL CASTILLA LA MANCHA, S.A. (registered at address C/Jarama, 132, nave 3.08 y 3.09, Políg. Indust. Sta. María de Benquerencia, in Toledo), GAS NATURAL CASTILLA Y LEÓN, S.A. (registered at address C/Estación, 4 bajos, in Valladolid) GAS NAVARRA, S.A. (registered at address Avda. Guipúzcoa, 40 1ª plta, in Pamplona), GAS NATURAL RIOJA, S.A. (registered at address C/Jorge Vigón, 51, in Logroño) GAS GALICIA SDG, S.A.(registered at address C/Lisboa, s/n - Edificio Área Central, local 31, H-I-J, Santiago de Compostela) and UNION FENOSA COMERCIAL, S.A. (registered address ... ). These Companies all belong to the GAS NATURAL FENOSA Group and undertake energy marketing and distribution activities (primarily gas and electricity), as well as other related services including gas and electricity installation maintenance, home installation and aftercare services, among others. The data provided by the User will be passed on to these companies for the purposes of managing any contractual relationship established between the User and a company within the Gas Natural Fenosa Group upon requesting or contracting a Service, sending out promotional material and notifications of products and offers from the Gas Natural Fenosa Group or carrying out research related to the energy sector.
7 Should the User prefer that their data not be passed on to companies within the GAS NATURAL FENOSA Group for its treatment for advertising or market research purposes, he or she may notify this preference to the address indicated in paragraph 1 above. Acceptance by the User for their personal data to be treated or transferred as established in the preceding paragraphs may be revoked at any time, without retroactive effect, in accordance with the provisions of Articles 6 and 11 LOPD and 2.2 LSSI*.
8 GAS NATURAL INFORMÁTICA undertakes to treat all User information with the utmost confidentiality, using it solely for the purposes indicated in paragraph 2 above. GAS NATURAL INFORMÁTICA hereby informs you that it has in place the technical and organisational security measures required to be able to guarantee the security of your personal data and guard against its unauthorised alteration, loss, treatment and/or access, in consideration of the technology available, the nature of the data stored and the risks to which they are exposed (both as a result of human action and of the physical or natural environment). All in compliance with the provisions of Article 9 LOPD and Royal Decree 1720/2007, of 21 December, whereby the Development Regulation of the LOPD is approved.
1 In order for the User to be able to contract and/or manage the products and services made available to Customers via the Portal by the distributor and/or marketing companies within the GAS NATURAL FENOSA Group, he or she should first REGISTER on the Portal as a Customer of the distributor and/or marketing company in question. Upon doing so, GAS NATURAL INFORMÁTICA shall pass the User's personal registration data on to the distributor and/or marketing company within the GAS NATURAL FENOSA Group from which said User wishes to contract or has already contracted the Service in order for them to be able to manage said contractual relationship.
Said personal data, along with any data that may be provided at a future date, will be incorporated into an automated database owned by the distributor and/or marketing company with which the User has established a contract, with GAS NATURAL INFORMÁTICA acting as data controller as established in Article 12 of the LOPD. The User may also exercise their rights to access, rectify, cancel and oppose, under the terms established in current legislation, by directing their request to the distributor and/or marketing company with which it has established the contract, using the address indicated by said company at the time of establishing the contract. 3 Since it is the intention of the distributor and/or marketing companies to send promotional material to their Customers via any means upon acceptance of the legal notice that appears when completing the form, the User hereby expressly authorises its distributor and/or marketing company to send him or her promotional or advertising material via any means based on the information provided. .
2 Equally, should the Customer prefer that their data not be treated for the aforementioned advertising or promotional purposes, whatever the channels used to send said materials, he or she can indicate this preference by checking the corresponding box on the form itself or by writing to the company at the address indicated by it at the time of establishing the contract. Acceptance by the User may be revoked at any time, without retroactive effect, in accordance with the provisions of Articles 6 and 11 LOPD and 2.2 LSSI**.
3 The distributor and/or marketing companies within the GAS NATURAL FENOSA Group undertake to treat all Customer information with the utmost confidentiality, using it solely for the purposes indicated. Said companies have in place the technical and organisational security measures required to be able to guarantee the security of your personal data and guard against its unauthorised alteration, loss, treatment and/or access, in consideration of the technology available, the nature of the data stored and the risks to which they are exposed (both as a result of human action and of the physical or natural environment). It operates at all times in compliance with the provisions of Article 9 LOPD and Royal Decree 1720/2007, of 21 December, whereby the Development Regulation of the LOPD is approved.
1 Should the User wish to contract any of the products and services from third party providers published on the Portal, under the provisions of Article 11.2.c) LOPD, Gas Natural Informática, S.A. shall transfer to said providers all of the personal data of the User that is required for the sole purpose of carrying out the business relationship established. 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.
Prior to accepting this Legal Notice, the User must read the "Conditions of Access and Use of the Portal", which may be accessed from the PORTAL's home page.
* Paragraphs 5 and 6 of this Legal Notice notwithstanding, GNI shall neither pass on personal data nor send out promotional material to any PORTAL User or Customer of any of the natural gas distributor and/or marketing companies within the GAS NATURAL FENOSA Group who has indicated their opposition to having their personal data passed on and/or their preference not to receive promotional material.
** Without prejudice to that outlined in paragraphs 4 and 5 of Section II of this Legal Notice, the distributor and/or marketing companies shall not send promotional material to any Customers or PORTAL Users who have indicated their opposition to having their personal data passed on and/or their preference not to receive promotional material.
7.1 The COMPANY declares and guarantees that the Portal 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. Above all, though not exclusively, the User shall observe the security recommendations made on the Portal.
7.2 The User accepts that the Portal has been created and developed in good faith by the COMPANY using information taken from internal and external sources and is presented to Users in its current state, despite its 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 or any false expectations generated by it during browsing.
7.3 The User guarantees that any of the activities undertaken by him or her over the Portal 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 GAS NATURAL FENOSA Group, other Users of the Portal 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 said 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 e-mail, programs or data (including viruses and harmful software) over the Portal 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 e-mail or other material stored in a file sent via the Portal. (ix) using the information contained on the Portal for the purposes of direct marketing or any other and (x) sending unsolicited bulk messages to a larger or smaller group of individuals regardless of its purpose.
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 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.
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, 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 unsecure 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 excludes all liability for the legality, content and quality of the products and services offered and/or marketed by third parties over the Portal.
8.4 The COMPANY makes no guarantees, whether express or implied, regarding the information sent, distributed, published or stored on the Portal, 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 said User of the General Conditions.
9.1 Users or owners of other websites who wish to establish hyperlinks (hereafter, "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 For its part, the Portal may contain links to other portals or websites not managed by the COMPANY. The COMPANY rejects all liability for the information contained on said 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; (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; (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 (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 has 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 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 are the property of the COMPANY and are duly registered or under registration. The names of other products, Services and companies that appear within this document or on the Portal 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 said 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 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.
9.8 It is expressly forbidden to use the contents of the Portal 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.
For the purposes of these General 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 (vi) problems or errors in the receipt, obtaining or access to the Portal or Services by said third parties.
11.1 The COMPANY will endeavour to provide continuous availability of the Portal. 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 will, where reasonably possible, endeavour to advise all Users of any forthcoming or current maintenance operations or other activity that may affect the Portal in the form of announcements posted on the Portal itself.
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.
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, where 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 a force majeure, the COMPANY will endeavour to keep the User informed as to the suspension and its causes where at all possible.
12.1 Any party may terminate these General Conditions in the event of a breach of any of the obligations established therein, provided said breach is not corrected within a period of thirty (30) days from the date of written notification of said breach, except where its severity means it cannot be corrected;
12.2 The Portal 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, especially in the event of improper use of their access details; and in the event of the violation or infringement of the Portal's industrial and intellectual property rights. All of the foregoing stands without prejudice to any legal action that may be available in the defence of the interests of the breaching party.
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 said provision, or to the part of said provision that is declared null or ineffective. The rest of these General Conditions will remain in force and said provision, or affected part of said provision, will be understood as having been withdrawn, except where, as an essential component of these General Conditions, it affects them as a whole.
14.1 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.
© Gas Natural FenosaPlaça del Gas, 1. 08003 Barcelona