Legal notice

1. INTRODUCTION AND GENERAL INFORMATION

In compliance with the duty of information stipulated in article 10 of Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce, Cortichapa Ibérica S.A.U. (hereinafter, “Cortichapa”) as owner of the website www.cortichapa.es (hereinafter, the “Website”), proceeds to communicate the identification data required by the aforementioned regulation:

Company name: Cortichapa Ibérica S.A.U.

Registered office: Avenida de la Estación, s/n, 46540 El Puig de Santa Maria, Valencia, Spain.

VAT NUMBER: A-46629580.

E-mail address: recursoshumanos.cortichapa@cortichapa.es

Telephone: (+34) 96 147 05 09

Registration details in the Mercantile Register: Mercantile Register of Valencia, Volume 3865 general, 1177 of the general section of the Companies Book, Folio 193, Page number V-16028, 4th entry.

The present information forms and regulates the conditions of use, the limitations of liability and the obligations that the users of the Website (hereinafter, the “Users”) assume and undertake to respect.

In this sense, User shall be understood to be the person who accesses, browses, uses or participates in the services and activities, whether free of charge or for a fee, carried out on the Website.

2. PURPOSE AND SCOPE

The Web Site has been created by Cortichapa mainly to allow interested parties to access in a secure manner and to carry out searches for information on products and services offered by Cortichapa, as well as to communicate electronically the data necessary to carry out and manage such searches. Likewise, through the Web Site, Cortichapa facilitates to the Users the access and the use of diverse contents published by means of Internet by Cortichapa or by authorised third parties (hereinafter, the “Contents”).

Access, browsing and use of the Website entails and implies acceptance by the User of this Legal Notice and the terms and conditions of use included herein (hereinafter, the “Conditions of Use”). In other words, the simple and mere use of the Website confers the status of User, whether an individual or a legal entity, and necessarily implies the complete, full and unreserved acceptance of each and every one of the Conditions of Use. If the User does not agree with the Legal Notice and its Conditions of Use, he/she shall refrain from using the Website.

This Legal Notice is subject to changes and updates so that the version published by Cortichapa may be different each time the User accesses the Website. Therefore, the User must read the Legal Notice each and every time he/she accesses the Website.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The design of the Website and its source codes, logos, trademarks and other distinctive signs that appear on it, and the contents, services and products available through it are owned by Cortichapa, or have been the subject of an authorisation or licence in its favour, and are protected by the corresponding intellectual and industrial property rights; without it being understood that the use or access to the Web Site and/or to the Contents attributes to the User any right over the mentioned brands, commercial names and/or distinctive signs, and without it being understood that none of the exploitation rights that exist or may exist over the said Contents have been transferred to the User.

Except for the rights to view and make copies for the personal and exclusive use of the User, which must always be exercised in accordance with the principles of good faith and the applicable legislation, all intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the Contents and products included in the Website for public or commercial purposes, unless the User has the right to do so, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the Contents and products included in the Web Site for public or commercial purposes, without the express written authorisation of Cortichapa or, where appropriate, of the owner of the rights that may be affected.

The unauthorised use of the information contained in the Web Site, as well as any breach of the intellectual or industrial property rights of Cortichapa, or of third parties who have transferred content included in the Web Site, will give rise to the legally established responsibilities.

4. USE OF THE SITE

Access, browsing and use of the Website is the responsibility of the User, and the User therefore undertakes: (i) to use the Web Site and the Contents in accordance with the legislation in force and the Conditions of Use; (ii) to diligently and faithfully observe any other additional notice or instruction relating to the use of the Web Site, its Contents and its products, brought to his knowledge either by means of this Legal Notice or elsewhere on the Web Site, as part of the Contents, or by Cortichapa or authorised Cortichapa personnel; and (iii) to respect the rules of coexistence, morality and generally accepted good customs.

The contents and products offered through the Website are provided only to end Users. Any unauthorised commercial use of the same, or its resale, is prohibited, except with the prior written authorisation of Cortichapa.

Therefore, the User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from:

• To use any of the Contents for illicit purposes or effects, prohibited in the Legal Notice or by current legislation, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the Contents, computer equipment or documents, files and all types of contents stored in any computer equipment owned or contracted by Cortichapa, other Users or any Internet user (hardware and software).
• Transmit, disseminate or make available to third parties any kind of material contained on the Website, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, photographs, software, links, graphic design and source codes, or any other material to which you have access as a User of the Website, without this list being exhaustive.
• To use the contents and, in particular, information of any kind obtained through the Website or the services to send advertising, communications for the purposes of direct sales or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way.

Furthermore, in accordance with the foregoing, the User may not:

• Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless you have the written and explicit authorisation of the owner of the corresponding rights, or unless this is legally permitted.
• Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of Cortichapa or its owners, the fingerprints and/or digital identifiers, or any other technical means established for their recognition.

The User shall refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the web pages of the Website where the Contents are located or, in general, those which are normally used on the Internet for this purpose, provided that they do not entail a risk of damage to or disablement of the Website and/or the Contents.

5. SITE AVAILABILITY

Cortichapa does not guarantee the inexistence of interruptions or errors in the access to the Web Site, to its Contents, nor that they are updated, although it will try to avoid such incidences as well as to correct them if they come to take place, as well as to maintain the Contents updated. Consequently, Cortichapa is not responsible for damages of any type produced to the User that have their origin in failures or disconnections in the networks of telecommunications that cause the suspension, cancellation or interruption of the service of the Web site during the provision of the same one or with previous character.

Cortichapa excludes, with the exceptions contemplated in the in force legislation, any responsibility for the damages and prejudices of any nature that could be due to the lack of availability, continuity or quality of the functioning of the Web Site and of the Contents, to the non fulfilment of the expectation of usefulness that the Users could have attributed to the Web Site and to the Contents.

The access to the Web Site does not imply the obligation on the part of Cortichapa to control the absence of virus, worms or any other harmful computer element. Therefore, it is up to the User, in any case, to have adequate tools for the detection and disinfection of harmful computer programs, therefore, Cortichapa is not responsible for the possible security errors that may occur during the provision of the service of the Web Site, nor for the possible damages that may be caused to the User’s computer system, nor for the possible damages that may be caused to the User’s computer system, nor for any possible damage that may be caused to the User’s or third parties’ computer systems (hardware and software), files or documents stored therein, as a consequence of the presence of a virus in the User’s computer used to connect to the Website’s services and contents, of a malfunction of the browser or of the use of non-updated versions of the same.

6. COMMUNICATIONS LICENCE

In the event that the User sends information of any kind to Cortichapa through the Website, through the channels provided for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to third parties.

The User acknowledges that he/she assumes responsibility and will hold Cortichapa harmless for any communication that he/she provides personally or in his/her name, and this responsibility covers without restriction the accuracy, legality, originality and ownership of the same.

7. RESPONSIBILITIES AND GUARANTEES

Given the dynamic and changing environment of the information and services that are provided by means of the Web Site, Cortichapa will try, but does not guarantee, that the Contents are completely truthful, exact, reliable, useful and/or that they are updated. The information and documentation contained in the pages that make up this Web Site are for informational, advisory, informative and advertising purposes only. Under no circumstances do they offer or have the character of a binding or contractual commitment. In this sense, Cortichapa excludes all responsibility for the decisions that the User may take based on the aforementioned information and documentation, as well as for the possible typographical errors that the documents and graphics accessible by the Users in the Web Site may contain; in particular, all the graphic documentation included in the Web Site is merely indicative.

The information available on the Website is subject to possible periodic changes without prior notice of its content due to expansion, improvement, correction or updating of the Contents.

Consequently, Cortichapa does not guarantee and is not responsible for: (i) the continuity of the Contents of the Website; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Web Site; (vi) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that Cortichapa establishes on the Web Site or through the violation of the security systems of the Web Site.

Nevertheless, Cortichapa declares that it has adopted all the necessary measures, within its possibilities and the state of the technology, to guarantee the functioning of the Web Site and to avoid the existence and transmission of viruses and other harmful components to the Users.

If the User has knowledge of the existence of any illicit, illegal, contrary to the laws or that could suppose an infraction of rights of intellectual and/or industrial property, it will have to notify it immediately to Cortichapa so that this one could proceed to the adoption of the opportune measures.

8. LINKS

8.1 Links to other websites

The establishment of any type of link from the Web Site to another external web site does not imply that there is any type of relationship, collaboration or dependence between Cortichapa and the person in charge of the external web site.

In the event that the User may find links on the Website to other web pages by means of different buttons, links, banners, etc., these may be managed by third parties. Likewise, links may appear on the Website, the sole purpose of which is to inform the User of the existence of other websites containing information on the subject.

In both cases, these links do not constitute a suggestion or recommendation by Cortichapa, nor does Cortichapa have the power or human or technical means to know, control or approve all the information, contents, products or services provided by other web sites to which links may be established from the Web Site.

Consequently, Cortichapa is not responsible for the contents of such linked websites, the operation or usefulness of the links or the results of such links, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the User’s computer system (hardware and software), documents or files, excluding any liability for damages of any kind caused to the User for this reason.

Consequently, Cortichapa cannot assume any type of responsibility for any aspect related to the web page to which a link may be established from the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if the Users have effective knowledge of the unlawfulness of activities developed through these third party websites, they must immediately inform Cortichapa in order to proceed to disable the access link to the same.

8.2 Links on other websites to the Website

Cortichapa has neither the power nor the human and technical means to know, control or approve all the information, contents, products or services provided by other web sites that have established links to the Web Site. Cortichapa does not assume any type of responsibility for any aspect related to the web site that establishes that link to the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

If any User, entity or website wishes to establish any kind of link to the Website, it must abide by the following stipulations:

• No prior authorisation is required when the link only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of link will require the express and unequivocal written authorisation of Cortichapa.
• The link may only lead to the home page of the Website, unless expressly authorised in writing by Cortichapa.
• The link must be absolute and complete, i.e. it must take the User, by means of a click, to the URL address of the Website itself and must completely cover the entire screen of the main page (or home page) of the Website. Under no circumstances may the website that makes the link reproduce the Website in any way, i.e. include it as part of its website, or create frames with the web pages or create a browser on any of the pages of the Website.
• The page that establishes the link will not state or imply in any way that Cortichapa has authorised such a link or that it has supervised or assumed in any way the Contents offered or made available by the web page on which the link is established, unless Cortichapa has done so expressly and in writing. Likewise, if the entity that makes the link from its page to the Web Site correctly wishes to include in its web site the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element of Cortichapa and/or the Web Site, it must previously have the express and written authorisation of Cortichapa.
• The web page on which the link is established shall not contain materials, information or contents that are illicit, illegal, degrading, obscene or, in general, contrary to public order, morality, good customs or generally accepted social norms, nor shall it contain contents that are contrary to any third party rights.

9. DURATION AND MODIFICATION

9.1. The provision of the service of the Web Site and its Contents have, in principle, indefinite duration. Cortichapa, nevertheless, is authorised to terminate or suspend the provision of the service of the Web Site and/or any of the Contents at any time. When it is reasonably possible, Cortichapa will warn previously the termination or suspension of the Web Site.

9.2. Cortichapa will be able to modify the terms and conditions here stipulated, total or partially, publishing any change in the same form in which this Legal Warning appears or through any type of communication directed to the Users.

9.3. The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until the Terms of Use are totally or partially modified, at which time the modified Legal Notice will come into force.

Regardless of the provisions of the Terms of Use, Cortichapa may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility for the User to claim any compensation. After such termination, the prohibitions of use of the contents set out above in this Legal Notice will remain in force.

10. PROTECTION OF PERSONAL DATA

The processing of personal data carried out through the Website shall be governed by the provisions of the Web Data Protection Policy, which can be found on the Website, being an integral part of this Legal Notice.

11. COOKIE POLICY

The use of data storage and retrieval devices, also known as cookies, shall be governed by the provisions of the Cookies Policy, which can be found on the Website, being an integral part of this Legal Notice.

12. GENERAL

12.1. The headings of the individual clauses are for information purposes only and shall not affect, qualify or extend the interpretation of the Legal Notice.

12.2. In the event of any discrepancy between the provisions of this Legal Notice and the particular conditions of each specific service, the provisions of the latter shall prevail.

12.3. In the event that any provision or provisions of this Legal Notice shall be held invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the other provisions of this Legal Notice.

12.4. The failure of TLA to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by TLA.

13. APPLICABLE LAW

The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any question related to the services of this Website, shall be Spanish law.

14. JURISDICTION

The relations established between Cortichapa and the User will be governed by the provisions of the regulations in force regarding the applicable legislation and the competent jurisdiction. Nevertheless, for the cases in which the regulation foresees the possibility of the parties to submit to a jurisdiction, Cortichapa and the User, with express resignation to any other jurisdiction that could correspond to them, will submit any questions that may arise about the interpretation, application and fulfilment of this Legal Warning, as well as the claims that could derive from its use to the knowledge of the Jurisdiction of the Judges and Courts of the Civil Order located in Valencia capital.