1. THE UFINET PORTAL
1.1 Through the Ufinet Portal (hereinafter, “the Portal”) of the company UFINET TELECOM, S.A.U. (hereinafter, “the Company”), which can be accessed at www.ufinet.com, visitors and users of the website (hereinafter, “the Users” or “the User”) have access to a wide range of products, services and contents related to the provision of telecommunications services and infrastructure consistent with the Company’s corporate purpose (hereinafter, “the Services”).
1.2 The information for the party responsible for the Portal is as follows:
Calle Manuel Silvela number 13
28010 – Madrid
2.CONDITIONS FOR ACCESSING AND USING THE PORTAL
2.1 Before accessing the Portal, Users must read and accept these General Conditions for Accessing and Using the Portal (hereinafter “the General Conditions”). By accessing and using the Portal, it is understood that the User expressly agrees, without reservation, to the contents of each and every one of these General Conditions in the version published on the Portal at the time of access. Users who do not agree with the contents of these General Conditions should abstain from accessing and using the Portal. The Portal reserves the right to modify these General Conditions by posting notices to the Users on the Portal to make them immediately aware of the contents of the changes.
2.2 As a User, you declare that you are of legal age and/or that you are legally capacitated to bind yourself by these General Conditions. The User expressly accepts, without reservations or exceptions, that he/she is exclusively liable for accessing and using the Portal, its services and its contents.
3. PORTAL CONTENTS
3.1 By visiting the Portal, the User is aware of, assumes and accepts that the data and information on products or services and any other data or information contained on the Portal are there for purely informational purposes, as information that is made available to the User and that may, at any given time, not be up to date or may contain errors or inaccuracies.
3.2 The Company reserves the right to modify the Portal configuration, unilaterally and at its sole discretion, at any time and without prior notice as well as the scope and contents of the services. Likewise, the Company reserves the right to add new contents and services to the Portal and to eliminate, limit, suspend or impede access to the services, either temporarily or definitively, under the circumstances foreseen in these General Conditions.
4. PERSONAL DATA
Pursuant to the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD) and Law 34/2002 of 11 July on the information society services and electronic commerce, Portal Users are hereby informed as follows:
1. The personal data provided by the User by completing the contact form found on the website, http://www.ufinet.com (the “Portal”), now or in the future, will be stored in an automated file belonging to the company UFINET TELECOM, SAU, based in Madrid at Calle Manuel Silvela 13. Users may exercise their rights to access, rectify, cancel or oppose the processing of their data by writing to UFINET TELECOM, S.A.U. Departamento de Informática, Calle Manuel Silvela 13, 28010, Madrid making reference to “Data Protection”.
2. Users are informed that their personal data will be processed for the purpose of: (i) managing the successful outcome of their relationship with the Company or any company of the Group for which it is necessary to provide personal data according to the terms of part 7 and (ii) providing them with information on the products and services of the UFINET Group or those which are gradually added to the Portal.
3. The User must notify UFINET TELECOM, S.A.U. immediately of any change to his or her personal data so as to ensure that the information on file with UFINET TELECOM, S.A.U. is accurate and up to date at all times.
6. If the User does not wish for his or her data to be shared with member companies of the Ufinet Group or to be processed for advertising or commercial prospecting purposes, the User should notify the company by writing to the address that appears in paragraph 1 above. According to articles 6 and 11 LOPD and 22.2 LSSI*, Users may revoke their consent to having their personal data processed or disclosed as described in the preceding paragraphs at any time, without retroactive effects.
UFINET TELECOM, S.A.U. undertakes to keep the User’s personal data absolutely confidential, making use of the information only for the purposes stated in paragraph 2 above. You are hereby informed by UFINET TELECOM S.A.U. that it has implemented technical and organisational safety measures designed to protect the security of your personal data and to prevent it from being altered, lost, processed and/or accessed by unauthorised persons, in accordance with the state of technology, the type of data stored and the risks to which they are exposed, whether by human action or the physical or natural environment, all in conformity with the terms of article 9 LOPD and Royal Decree 1720/2007 of 21 December which approved the LOPD regulation.
5. GENERAL REPRESENTATIONS AND WARRANTIES
5.1 The Company represents and warrants that as of today’s date the Portal has the technology (software and hardware) required to allow it to be accessed and used. However, the Company is not responsible for the existence of viruses or other harmful elements introduced by any means or by any third party that may cause alterations to the User’s computer system, or for any harmful consequences to the User’s computer systems. The User accepts this and in turn undertakes to use maximum care and caution when accessing and using the services offered through the Portal. This includes but is not limited to observing the safety recommendations displayed on the Portal.
5.2 The User agrees that the Portal has been created and developed in good faith by the Company with information from internal and external sources and is offered in its current state to Users, although it may contain false information, inaccuracies, omissions or errors. The Company therefore does not guarantee in any way the veracity, accuracy, currency or completeness of the Portal website content. Therefore, the User holds the Company harmless from any liability in relation to the accuracy, usefulness or false expectations which the use of the Portal may create.
5.3 The User warrants that any use of the Portal will be in keeping with the law, morality, generally accepted good practices and the public order, and will in no way offend the good name or commercial image of the Company or the UFINET Group, the rest of the Portal users or third party service providers. In particular, the User agrees to use the services correctly and carefully and to refrain from using them for any purpose that is illegal or prohibited by these General Conditions, harmful to the rights and interests of third parties, or which could in any way damage, disable, overburden, or impair such services, third-party computer equipment or the documents, files and other content stored on their computers, or obstruct the normal use and enjoyment of the services by third parties.
5.4 In particular, by way of example the User agrees not to use the services in order to (i) assume the identity of another person; (ii) violate fundamental rights and public freedoms recognised by national laws and international treaties and conventions, and in particular not to harm the honour, personal privacy or the third party ownership of property and rights; (iii) incite or promote criminal, degrading, defamatory or offensive actions or those which are contrary to the law, morality, generally accepted customs and public order; (iv) induce or promote discriminatory ideas or actions based on race, sex, ideology, religion or beliefs; (v) incorporate, make available or provide access to products, elements, messages and/or services of a criminal, violent, pornographic or abusive nature or those which are contrary to the law, morality or public order; (vi) violate the intellectual or industrial property rights of third parties; (vii) violate regulations governing the privacy of communications, advertising and/or unfair competition laws; (viii) intentionally or negligently transmit through the Portal emails, programs or data (including viruses and malware) that could damage or harm the Company’s computer systems in any way or those of other users or third parties or falsify the origin of e-mails or other material contained in files that are transmitted through the Portal; (ix) use the information contained on the Portal for direct sales or similar purposes and (x) send unsolicited messages to large groups of people, regardless of their purpose.
6. GENERAL LIABILITY LIMIT
6.1 The Company makes no express or implied representations or warranties as to the operation of the website or the information, content, software, materials, or products it contains, to the extent permitted by applicable law. Furthermore, the Company makes no warranties, express or implied, including any implied warranty of its suitability for a particular purpose. The Company is not liable for damages of any kind arising from the use of this Portal, including direct and indirect damages, among others.
6.2 The Company is not responsible for any direct or indirect damages resulting from an interruption in the services offered on the Portal or their continuity. Furthermore, the Company is not liable for any errors or security breaches that may occur as a result of the User’s browser being outdated or unsafe, or the activation of devices that save the User’s ID codes in the browser or any damages, errors or inaccuracies resulting from malfunctions.
6.3 The Company declines any liability for the legality, content and quality of the products and services offered and/or sold by third parties through the Portal.
6.4 The Company makes no express or implied warranties of any kind regarding the information that is transmitted, distributed, published or stored on the Portal Website or the way in which that information is used by users, their employees or third parties. Furthermore, the Company is not liable for the incapacity of any User or the theft of a third party’s identity by a User.
6.5 As far as the Company’s liability is concerned, it is only responsible for the actual damages caused directly by it and never for loss of profits.
6.6 The User is liable for the damages of any kind caused to the Company as a direct or indirect consequence of the User’s violation of the General Conditions.
7. HYPERTEXT LINKS TO THE PORTAL
7.1 The users or owners of other websites who wish to create a hypertext link (hereinafter, link) to the Portal must be sure to respect the Company’s rules on Internet links. These rules include (i) not establishing links to pages or subpages other than the Portal’s home page; (ii) not creating links that allow the Portal’s home page or any part of it to be reproduced; (iii) not making false, inaccurate or incorrect statements alongside the link which may be misleading or confusing or generally contrary to the law, morals or good customs; (iv) not including trademarks or protected signs other than the address of the Portal’s URL and (v) not creating links to pages that contain content, statements or propaganda of a racist, xenophobic or pornographic nature or that justify terrorism, pose a threat to human rights or have the potential to damage the good name or image of the Company or its customers. In any case, the inclusion of links to the Portal from other websites in no way implies that the Company has any relationship or association with the owner of the website containing the link and much less that the Company promotes, endorses, guarantees or recommends the contents of such portals or websites.
7.2 The Portal may contain links to other portals or websites which are not managed by the Company. The Company declines any liability for the information contained on these web portals or sites that may be accessed by links or web searches. The links on the Company’s website are there for informative purposes only. Therefore, the Company makes no representations or warranties of any kind, express or implied, regarding: (i) the salability, suitability, quality, quantity, characteristics, source or origin, marketability or any other aspect of the goods or services offered and/or sold on the Portal; (ii) any direct, indirect or other type of damages caused by the products or services offered, marketed, bought, sold or rendered through the Portal; (iii) the prices offered or agreed by Users with the sellers; (iv) the transactions or operations that take place between them; (v) the performance thereof; (vi) the terms and conditions of the business transactions agreed upon by them, the conditions of use, the modification, compliance and enforcement thereof, billing, forms and modes of payment and cancellation; (vii) ensuring the delivery of the goods or services; (viii) the information exchanged between them; (ix) the contents and use of personal or other information which those entities require the User to provide in connection with the transactions; (x) the contents and use of personal information transmitted by the Company to such entities for the sole and exclusive purpose of complying with the business relationship thus initiated or created (xi) the advertising used by the Users, or the Users’ use of their own or third party logos.
7.3 All Portal contents (including but not limited to databases, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are the property of the Company or the content providers, which have been duly licensed or assigned by those providers and are protected by national and international intellectual and industrial property laws. The compilation (understood as collecting, designing, arranging and setting up) of Portal content is the exclusive responsibility of the Company and is protected by national and international intellectual and industrial property laws.
7.4 All software used in the design of screens and browsers and Portal development is the property of the Company or its software suppliers and is protected by national and international intellectual and industrial property laws.
7.5 The Company’s trademarks, signs and logos that appear on the Portal are owned by the Company and are duly registered or in the process of being registered. The names of other products, services and companies that appear in this document or on the Portal may be trademarks or other distinctive signs registered to their rightful owners.
7.6 All text, graphic images, video and audio are owned by the Company or its content providers and may not be modified, copied, altered, transformed, reproduced, adapted or translated by the User or third parties without the prior written consent of the owners of such content.
7.7 The fact that the databases, drawings, graphics, images, photographs, text files, audio, video and software owned by the Company or its content providers and that appears on the Portal are made available to the User in no way implies any transfer of ownership or granting of a right of use in the User’s name, other than the right to use those contents which is inherent to the legitimate use of the Portal.
7.8 The use of the Portal contents, services and, in general, all of the rights mentioned in the preceding sections without the Company’s authorisation is strictly forbidden. This includes using, reproducing, disseminating, transforming, distributing, transmitting by any means, publishing, exhibiting, publicly communicating or representing any or all of the contents, which constitutes a violation of the Company’s legally sanctioned intellectual property rights.
8. FORCE MAJEURE
For the purposes of these General Conditions, force majeure includes but is not limited to: (i) any unforeseeable event or event which, albeit foreseen or foreseeable, is unavoidable; (ii) the failure to access the different web pages; (iii) electrical and telephone service outages; (iv) damage caused by third parties or attacks on the Portal server (viruses) that affect the quality of service and are not attributable to the Company or the User; (v) failures in the transmission, distribution, storage or availability of databases and other Portal content and (vi) problems or errors in receiving, obtaining or accessing the Portal or the services by third parties.
9. SUSPENSION OF ACCESS OT THE PORTAL AND PORTAL SERVICES
9.1 The Company will endeavour to ensure the availability of the Portal. However, the Company may, at its full discretion, conduct operating tests, controls and maintenance, freely choosing the times as well as the methods and procedures used to do so. Whenever possible, the Company will attempt to notify the User by posting an announcement on the Portal of the maintenance operations or other activities that could affect the Portal.
9.2 The Company reserves the right to modify the transmission and monitoring capabilities and other technical means or services used to access or use the Portal.
9.3 The Company may suspend the Services temporarily or permanently without the User being entitled to any sort of compensation, under any of the following circumstances: (i) as necessary to perform maintenance, (ii) as necessary to preserve the integrity or security of the Company’s services, equipment, systems or networks or those of third parties, provided that they affect or could affect the Company’s services, (iii) as warranted by the Company’s operational issues or those of third parties that affect the provision of the Company’s services; (iv) in the event of force majeure, the Company will strive to keep Users informed of the reason for the suspension, whenever possible.
10.1 Either one of the parties may terminate these General Conditions in the event of a breach of any of the obligations established herein if such breach is not remedied within thirty (30) days from the written notice of such breach, unless it cannot be remedied due to its severity;
10.2 The Company may also terminate the General Conditions without prior notice to the User if: (i) it becomes aware of any illegal activities on the part of the User involving the Services; (ii) the User breaches any of its essential obligations under these General Conditions, especially any unauthorised use of the access code; the User violates the Portal’s intellectual and industrial property rights, notwithstanding any legal actions that may be taken to defend the Company’s interests.
11. INVALIDITY AND INEFFECTIVENESS OF CLAUSES
If any clause of these General Conditions were to be declared partially or totally invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or unenforceable and the rest of the General Conditions will remain in effect. The said clause or part of the clause that is invalid will be removed, unless the clause is essential to these General Conditions in which case the entire clause must be rewritten.
12. LESGISLATION AND JURISDICTION
12.1 These General Conditions will be interpreted and governed by Spanish law.
12.2 Any dispute arising in connection with the existence, access, use or content of these General Conditions will be settled by the courts in the User’s judicial district in Spain.
Ministry of Information Technologies and Communications (opens in new window) GNFT participates in the campaign of the Republic of Colombia for the Protection of Minors. REPUBLIC OF COLOMBIA.
Pursuant to the terms of Law 679 of 2001, Decree 1524 of 2002, Decree 67 of 2003 and Law 1336 of 2009, all persons must prevent, block, combat and report the exploitation, housing, use, publication and/or dissemination of images, texts, documents and audio-visual files and the illegal use of global information networks or the establishment of telematic links in any way related to pornographic material or sexual acts involving minors. The failure to do so could result in criminal charges.
For more information visit http://mintic.gov.co