Legal Notice

This Disclaimer (the “Disclaimer”) governs the use of the website www.powertis.com (the “Website”), which is owned by POWERTIS S.A.U.

  1. Ownership of the website

 

  • The owner of the website is POWERTIS S.A.U. (“Powertis”), with Spain’s tax identification number A88203435, domiciled in C/ Príncipe de Vergara, 43, 6ª planta, 28001, Madrid, Spain, telephone number +34 910 694 067 and e-mail address for this purpose info@powertis.com.

 

  • Powertis is a company constituted by means of a deed granted before the Notary Public of Murcia, Mrs. Maria Dolores Heredia Canovas with protocol number 1588 on the 28th of September 2018, registered in the Mercantile Registry of Murcia in Volume 238286, Sheet 131, Page number MU-M-581250.

 

  • For the purposes of this Disclaimer, Powertis is POWERTIS S.A.U. as well as its subsidiaries, group companies and their staff and representatives.

 

  • The information contained in the Website refers to the services offered by Powertis will in accordance with the regulations that govern in Spain and in the European Economic Area. The information contained in the Website is for informational purposes only and in no way constitutes any obligation for the parties accessing the Website (the “User(s)”).

 

  • This Disclaimer regulates access and use of the Website by Users and will be complemented with any other legal texts that regulate any functionality, service, process, application, platform or means necessary for the use of the Website or the services described.

 

  • By accessing the Website, the User accepts this Disclaimer and declares and guarantees that the applicable legislation and regulations allow him/her to access the Website and that he/she will make correct use of the Website in accordance with the law, good faith, public order, traffic usage and this Disclaimer. The User will respond to Powertis or to third parties for any damages that could be caused as a consequence of the non-fulfillment of this obligation.

 

  1. Users

 

  • For the purposes of this Website, a user is any natural or legal person who accesses and browses the Website. Being a User implies full and unreserved acceptance of each and every one of the provisions included in this Disclaimer, which may be subject to change. Access to the Website also means that the User accepts that this information applies to all subsequent access to the Website and that such subsequent accesses are subject to the disclaimers, risk warnings and other information contained herein.

 

  1. Purpose and scope

 

  • The purpose of the Website is to offer users information about Powertis’ services.

 

  • To this end, Powertis grants a non-exclusive, non-sub-licensable, non-transferable license to Users to use the Website and the available functions, content and other features, which shall be subject to the rest of the Disclaimer and applicable regulations.

 

  1. Intellectual and industrial property

 

  • All intellectual and industrial property rights on the information, texts, data, graphics, photographs, designs, software, brands, commercial names, signs and other contents of the Website are the property of Powertis and/or its licensors. Therefore, its use or exploitation in any way by the User is prohibited, except as part of the service of the Website in accordance with the Disclaimer.

 

  • The User recognizes and accepts that the use of the Website does not represent transfer of any right of intellectual or industrial property, such as author rights, brands, domain names, designs, patents, utility models, know how or other rights on the Website; as well as it does not constitute any authorization for the creation of developments derived from the Website either, except for the license of limited, non-exclusive, non-transferable and free use granted to the Users of the Website in accordance with this Legal Warning.

 

  • In short, Users who access the Website can view the contents and make, if necessary, authorized private copies provided that the elements reproduced are not subsequently transferred to third parties, or installed on servers connected to networks, or are subject to any type of exploitation.

 

  • Distribution, modification, transfer or public communication of the contents and any other act on the contents that has not been expressly authorized is prohibited.

 

  • At any time and for any reason, Powertis may terminate the User’s right to use all or any part of the Website. You may not violate or attempt to violate the security of the site.

 

  1. Conditions of access and use

 

  • The Website has free and open access, however, Powertis conditions the use of some of the services offered on the Website to the prior request and completion of the corresponding form.

 

  • The User guarantees the authenticity and timeliness of all data communicated to Powertis and will be solely responsible for any false or inaccurate statements made.

 

  • The User expressly agrees to make appropriate use of the contents and services of Powertis and the Website and, in particular, not to use them or distribute information through the Website for, among others:

 

  • Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism or, in general, contrary to the law in force, morality or public order.

 

  • Transmit or introduce into the network computer viruses or any other harmful component that damages, limits or impairs the website or any connected network or that interferes with the use by other Users, as well as carry out actions that may alter, copy, spoil, interrupt, modify, decompile, disassemble, reverse engineer, or generate errors or damage to electronic documents, data or physical and logical systems of Powertis or third parties; as well as to license, rent, sell, imitate, or hinder the access of other Users to the Website and its services.

 

  • Attempt to access the e-mail accounts of other Users or restricted areas of Powertis’ or third party’s computer systems and, if necessary, extract information.

 

  • Violate intellectual or industrial property rights (copyrights, domain names, trademarks, etc.), as well as violate the confidentiality of Powertis’ or third party’s information and personal data protection rights.

 

  • Impersonating another User, public administration or third party.

 

  • Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

 

  • To collect data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature without their prior request or consent.

 

  • To use the Website, or a part of it, in other private or commercial websites, as well as to make commercial use of the Website; or to establish hyperlinks or links to the Website or to any of its contents (unless expressly authorized in writing by Powertis), abstaining from making false, inexact or incorrect declarations or indications about Powertis, or including illicit contents, contrary to good customs and public order.

 

  • Any other activities contrary to the law in force, this Disclaimer, morality, good customs or established public order, or for illicit, prohibited or harmful purposes to the rights and interests of Powertis or third parties.

 

  • Powertis reserves the right to block access to certain services of the Website to any user in the event that they infringe the Disclaimer, the rights of third parties or applicable legislation.

 

  1. Service and guarantee exclusions. Responsibility

 

  • Exclusions

 

  • Powertis will do everything reasonable to ensure the proper functioning of the Website. However, Powertis cannot guarantee the availability of the Website or the absence of interruptions to the service in order to carry out repair and/or maintenance tasks on the website or the lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond its control. Powertis will take appropriate measures to reduce such interruptions.

 

  • Although Powertis will make every reasonable effort to ensure that the information contained on the Website is accurate, correct and up to date, it should be considered that this information is only of a general nature and for information purposes only. In this regard, Powertis does not guarantee the completeness, suitability, accuracy, timeliness, validity or integrity of this information and does not accept any liability.

 

  • Likewise, Powertis reserves the right to correct, improve or modify the Website and the information contained therein, when it deems it appropriate and without prior notice, as well as to suspend access to it in order to carry out maintenance or improvement actions, and it cannot be held liable for the accuracy, insufficiency or authenticity of the information provided.

 

  • Powertis excludes, to the extent permitted by applicable law, any liability for damages of any kind arising from:

 

  • The impossibility of accessing the Website or the lack of veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of all kinds of content transmitted, disseminated, stored, made available to those who have accessed through the Website or services offered.

 

  • The presence of viruses or other elements in the contents that may produce alterations in the computer systems, electronic documents or user data.

 

  • Failure to comply with the laws, good faith, public order, traffic uses and this Disclaimer as a result of the incorrect use of the Website. In particular, and by way of example, Powertis cannot be held liable for the actions of third parties who violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and one’s own image, as well as regulations on unfair competition, data protection and illegal advertising.

 

  • Powertis Guarantee

 

  • The Website is presented as is and neither Powertis nor any of the companies of the group guarantee that the services will be carried out uninterruptedly and without errors, nor do they guarantee the results obtained from the use of the service.

 

  • Powertis provides the service without guarantees of any kind, either express or implied, including but not limited to title guarantees or implied guarantees of satisfactory quality or fitness for a particular purpose or otherwise, except those guarantees which are implied by and cannot be excluded, restricted or modified under applicable law.

 

  • The Website does not control, in general, the use that the Users make of the Website. In particular, Powertis does not guarantee under any circumstances that Users will use the Website in accordance with the law, this Disclaimer, morality, generally accepted good customs and public order, nor that they will do so in a diligent and prudent manner.

 

  • All conditions, guarantees or representations not expressly stated in this Disclaimer are excluded to the extent permitted by applicable law.

 

  • Linked sites

 

  • This Website may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate the User’s access to information from collaborating or sponsoring companies. Powertis declines any responsibility for the information contained in these external links which are outside this website and are not managed directly by Powertis.

 

  • You understand that these other websites are independent from the Website and that Powertis has no control over, nor will be liable for any content, performance or transmission received from, any such third party and will not be responsible or liable for any loss or damage in connection with use of or reliance on any such content, goods or services available from any such site or resource. The only function of these links is for information purposes, for the User’s convenience, and it is the User’s responsibility to read and accept the terms of use and privacy and cookie policies published on the linked websites or applications referred to.

 

  • User Guarantees

 

  • The User uses the Website at his or her own risk. By accessing the Website, the User agrees to use it in accordance with applicable laws and regulations and to accept this Disclaimer and all its conditions. The User will be solely responsible to Powertis and/or to third parties for any damage or harm that may be caused as a consequence of non-compliance with this obligation. In this sense, Powertis is not responsible for any damage or alteration to the User’s equipment as a result of the use of the Website and is exempt from any responsibility.

 

  • The User is solely responsible for ensuring that his or her computer system has all the relevant and necessary technical specifications to use the Website.

 

  1. Data protection and cookies

 

  • Powertis committed to protecting the personal data of its Users and, therefore, will only use them in accordance with the provisions of the Privacy Policy.

 

  • This site uses cookies to manage navigation and other functions of the site. Users will find information regarding the use of own and third party cookies in the Cookie Policy.

 

  1. General provisions

 

  • Invalidity of clause

 

  • If any provision or condition of this Disclaimer becomes or is declared illegal, invalid or unenforceable for any reason, such condition or provision shall be deemed severed without prejudice to the applicability of the remaining provisions of this Disclaimer.

 

  • Modifications

 

  • Powertis reserves the right to modify or update the information contained in this Disclaimer at any time, when it considers it appropriate and without prior notice, and is not responsible for the accuracy, insufficiency or authenticity of the information provided.

 

  • Powertis will publish the new version of the Disclaimer in the website each time it changes. The User will be informed, once he/she accesses the Website again, about any change in the terms of this Disclaimer.

 

  • Jurisdiction and applicable law.

 

  • The Disclaimer is governed by Spanish law.

 

  • Any dispute that may arise from the use of the Website or the Disclaimer shall be submitted to the competent courts of the city of Madrid and, in the case of a User acting in his or her capacity as a consumer, to the court of the domicile corresponding to the User/consumer.

 

The User, if acting as a consumer, may also submit any dispute arising from or related to these Terms of Use to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.