General terms and conditions

A) General Conditions of Use of the Website

The following terms and conditions govern access to and use of the website. www.gnarum.com (hereinafter, the website), whose operation and through which it provides information society services is carried out by the entity GNARUM TECNOLOGÍA Y ENERGÍA, S.L. with Fiscal Identification Code (C.I.F.) B-86421807. B-86421807; registered office at Serrano Galvache, 56, Edif Abedul, Planta 7, 28033, Madrid, and address for notification purposes at the same address; registered in the Madrid Mercantile Register, Volume 29.756, Folio 79, Section 8, Page M-535388T; phone number +34 913 569 362 and contact e-mail address info@gnarum.com. The expression “web site or website” includes, but is not limited to, the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included therein, and, in general, all creations expressed by any means or support, tangible or intangible, regardless of whether or not they are subject to intellectual property rights in accordance with the Revised Text of the Intellectual Property Law.

Access to the site implies that the visiting user acquires a series of rights and obligations, with the aim of guaranteeing the adequate enjoyment of the services and contents found on the site and which GNARUM TECNOLOGÍA Y ENERGÍA, S.L. makes available to the user free of charge.

The visiting user is aware that access to and use of the services and contents of the site is done under his sole and exclusive responsibility.

User status is acquired by accessing the website. The user will use the services and contents exclusively for private purposes and/or as a GNARUM TECNOLOGÍA Y ENERGÍA, S.L. client, excluding any form of subsequent use of the same for profit or any direct or indirect benefit.

GNARUM TECNOLOGÍA Y ENERGÍA, S.L. informs the user of the following general conditions of use, which are expressly and fully accepted by the user by the mere fact of accessing the website and/or viewing the contents or using the services contained in the website. Should these general terms and conditions be replaced in whole or in part by other general terms and conditions, the new general terms and conditions shall be deemed to be accepted in the same form as the new general terms and conditions. Nevertheless, the user of the website must access these general conditions periodically to be aware of the successive versions included here, although it is recommended that the user accesses them each time he/she intends to access or make use of the services and contents of the website.

In the event that the user does not accept these general conditions or the particular conditions that regulate the use of a specific service and/or content intended for users of the website and that the entity determines, the user must refrain from accessing the website.

The user must establish the appropriate technical security measures to prevent undesired actions on their information system, files and computer equipment used to access the Internet and, in particular, the website, being aware that the Internet is not totally secure.

B) Purpose of the website

By accessing the site, the user may enjoy the use of various contents and services offered by GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or, where appropriate, by third party suppliers under the conditions determined for the same.

In general, the services and contents offered through the website will be available in Spanish, Italian and English, without prejudice to the possibility – at the discretion of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. – of offering them in the other official languages of the autonomous communities, as well as in any other language spoken in the European Union or outside it.

GNARUM TECNOLOGÍA Y ENERGÍA, S.L. may unilaterally modify, without prior notice, the provision, configuration, content and services of the site, as well as the conditions of use and access to the content offered and services provided. In each case, GNARUM TECNOLOGÍA Y ENERGÍA, S.L., where appropriate, will give notice of such changes in the corresponding general or specific conditions of use, as well as in other texts on the website.

The cost of telephone access or other charges for connection to access the website shall be borne solely by the user.

C) User rights and obligations

The user will be able to:

– Access free of charge and without the need for prior authorisation to the contents and services of the site available as such, without prejudice to the technical and specific conditions or the need for prior registration with regard to specific services and contents aimed at GNARUM TECNOLOGÍA Y ENERGÍA, S.L. customers, as determined in these general conditions or in the specific conditions of said services.
– To use the services and contents available for your exclusive private use, without prejudice to the provisions of the specific conditions that regulate the use of a particular service and/or content intended for GNARUM TECNOLOGÍA Y ENERGÍA, S.L. customers.
– The user may download a single copy of the website for off-line viewing for personal, non-commercial purposes.
– To make correct and lawful use of the site, in accordance with current legislation, morality, good customs and public order.

Under no circumstances may the user:

– Accessing or using the services and contents of the site for illicit purposes, harmful to the rights and freedoms of third parties, or that may harm, damage or impede in any way, access to the same, to the detriment of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or third parties.
– Use the services, totally or partially, to promote, sell, contract, divulge advertising or information of their own or of third parties without prior written authorisation from GNARUM TECNOLOGÍA Y ENERGÍA, S.L.
– Introduce information on the website or use the services available on it with the aim of directly or indirectly infringing the rights – and especially the fundamental rights and public liberties – of other users of the website or of GNARUM TECNOLOGÍA Y ENERGÍA, S. L.; that incite or promote the carrying out of criminal, xenophobic, terrorist or degrading acts on the grounds of age, sex, religion or beliefs; or of a pornographic, obscene or violent nature or that violate the law, morality or good customs. For these purposes, information means, but is not limited to: text, graphics, images, images, videos, sounds, drawings, photographs, data, notes, and others.
– Include hyperlinks on your private or commercial web pages to this website that are not limited solely and exclusively to accessing the home page of this website.
– Use the services and content offered through the site in a manner contrary to the general conditions of use and/or the specific conditions that regulate the use of a specific service and/or content, and to the detriment or detriment of the rights of other users.
– Take any action that prevents or hinders access to the site by users, as well as hyperlinks to services and content offered by GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or third parties through the website.
– Using the website as a means of accessing the Internet to commit illegal actions or actions contrary to current legislation, morality, good customs and public order.
– Use any type of computer virus, code, software, computer programme, computer or telecommunications equipment that may cause damage or unauthorised alterations to the contents, programmes or systems accessible through the services and contents provided on the website or to the information systems, files and computer equipment of the users thereof; or unauthorised access to any contents and/or services of the website.
– Remove or modify in any way the protection or identification devices of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or its legitimate owners that may be contained in the contents hosted on the website, or the symbols that GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or the legitimate third party owners of the rights incorporated into their creations that are the object of intellectual or industrial property on this website. – Include “metatags” corresponding to trademarks, trade names or distinctive signs owned by GNARUM TECNOLOGÍA Y ENERGÍA, S.L. on websites for which it is responsible or property of GNARUM TECNOLOGÍA Y ENERGÍA, S.L.
– Reproduce all or part of this website on another website; you may not frame the website or the websites accessible through it in any way that conceals or modifies the content, advertising space or trademarks of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or of third parties, whether or not this involves acts of unfair competition or confusion.
– To create frames within a website under their responsibility or ownership that reproduce the home page and/or the pages accessible through the same, corresponding to this website without the prior authorisation of GNARUM TECNOLOGÍA Y ENERGÍA, S.L.
– Include a hyperlink on a website under its responsibility or ownership that generates a window or session of the navigation software used by a user of its website, which includes trademarks, trade names or distinctive signs of its ownership and through which the main web page and/or any of the pages accessible through the same corresponding to this website are displayed without the prior authorisation of GNARUM TECNOLOGÍA Y ENERGÍA, S.L.
– Use the brand, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorisation of its owner.
– Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof, without the prior written authorisation of GNARUM TECNOLOGÍA Y ENERGÍA, S. L. or the third party owner of the intellectual and industrial property rights that apply to the services or contents of the website and except for the provisions of these general conditions or, where appropriate, specific conditions that regulate the use of a service and/or content existing on the website.

D) Rights and obligations of GNARUM TECNOLOGÍA Y ENERGÍA, S.L.

GNARUM TECNOLOGÍA Y ENERGÍA, S.L. reserves the following rights:

– Modify the conditions of access to the site, technical or otherwise, unilaterally and without prior notice to users, without prejudice to the provisions of the specific conditions governing the use of a particular service and/or content intended for clients of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. and/or users of the website.
– Establish specific conditions and, where appropriate, a price or other requirements for access to certain services and/or content.
– Limit, exclude or condition user access when not all the guarantees of correct use of the site by users are given in accordance with the obligations and prohibitions assumed by them.
– Terminate the provision of a service or supply of content, without the right to compensation, when the same is unlawful or contrary to the conditions established for the same, without prejudice to the provisions of the specific conditions governing the use of a particular service and/or content intended for users of the website.
– Modify, delete or update all or part of the content or services offered through the site, without prior notice, without prejudice to the provisions of the specific conditions governing the use of a particular service and/or content intended for users of the website.
– To take any legal or judicial action that may be appropriate for the protection of the rights of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. and of third parties who provide their services or content through the site, whenever appropriate.
– Demand any compensation that may arise from the improper or unlawful use of all or part of the services and content provided through the site.

E) Use of cookies

GNARUM TECNOLOGÍA Y ENERGÍA, S.L. may use cookies when a user browses the sites and pages of the website. Such cookies will be used by GNARUM TECNOLOGÍA Y ENERGÍA, S.L. under the conditions and for the purposes described in its Cookies Policy.

F) Exemption and limitation of liability of GNARUM TECNOLOGÍA Y ENERGÍA, S.L.

GNARUM TECNOLOGÍA Y ENERGÍA, S.L., is exempt from any liability for damages of any kind in the following cases:

– Due to the impossibility or difficulty of connection to the communications network through which this website is accessible, regardless of the type of connection used by the user.
– For the interruption, suspension or cancellation of access to the website, as well as for the availability and continuity of the functioning of the website or of the services and/or contents therein, when this is due to a cause beyond the control of GNARUM TECNOLOGÍA Y ENERGÍA, S.L., whether directly or indirectly caused by the latter.
– GNARUM TECNOLOGÍA Y ENERGÍA, S.L., assumes no responsibility for the services and contents, nor for the availability and conditions, technical or otherwise, of access to the same, which are offered by third party service providers, especially with regard to information society service providers. Information society service providers shall mean natural or legal persons providing the following services to the public:

o Transmission over a communication network of data provided by the recipient of the service.
o Access services to this network.
o Data storage or hosting services.
o Provision of content or information.
o Temporary copy service of the data requested by users.
o Provision of links to content or search tools.

– GNARUM TECNOLOGÍA Y ENERGÍA, S.L., at no time, assumes responsibility for any damages that may be caused by the information, contents, products and services – including but not limited to – provided, communicated, hosted, transmitted, exhibited or offered by third parties unrelated to GNARUM TECNOLOGÍA Y ENERGÍA, S.L., including providers of information society services – through a website that can be accessed through a link on this site. -including information society service providers- through a website that can be accessed through a link on this site.
– The subsequent processing and use of personal data by third parties outside GNARUM TECNOLOGÍA Y ENERGÍA, S.L., as well as the relevance of the information requested by them.
– The quality and speed of access to the site and the technical conditions that the user must meet in order to be able to access the site and its services and/or contents.
– GNARUM TECNOLOGÍA Y ENERGÍA, S.L., shall not be liable for any delays or failures that may occur in the access and/or operation of the services and/or contents of the website, due to a case of Force Majeure. “Force majeure” shall mean all causes which could not have been foreseen or, even if foreseen, were unavoidable, and which result in the non-performance of any of its obligations. These include, but are not limited to, strikes, whether by its own or outside workers, insurrections or revolts, as well as regulations issued by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fire, war, lockouts or any other situation of force majeure.
– The user of the site will be personally liable for damages of any nature caused to GNARUM TECNOLOGÍA Y ENERGÍA, S.L. directly or indirectly, by the breach of any of the obligations arising from these general conditions or other rules governing the use of the site.

G) Intellectual and industrial property

The user is aware that the contents and services offered through the site – including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code, without this list being exhaustive – are protected by intellectual and industrial property laws. The copyright and economic exploitation rights of this site belong to GNARUM TECNOLOGÍA Y ENERGÍA, S.L. and/or to third parties.

The trademarks, trade names or distinctive signs that appear on the website are the property of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or, where appropriate, of third parties, and are protected by current industrial property laws.

The provision of the services and publication of the contents through the site does not imply in any case the total or partial cession, renunciation or transmission of the ownership of the corresponding intellectual and industrial property rights by GNARUM TECNOLOGÍA Y ENERGÍA, S.L. and/or its legitimate third party owners.

Under no circumstances may the user make any use or utilisation of the services and contents existing on the site that is not exclusively personal, except for the exceptions determined in these general conditions of use of this site or in the specific conditions that GNARUM TECNOLOGÍA Y ENERGÍA, S.L. may wish to establish to regulate the use of a specific service and/or content offered through the website.

No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information storage and retrieval system) through any medium currently known or to be invented in the future, without the consent of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. The use, in any form, of all or part of the content of the site is subject to the need to request prior authorisation from GNARUM TECNOLOGÍA Y ENERGÍA, S.L. and/or legitimate third party owners and the acceptance of the corresponding licence, if applicable, except for the provisions regarding the rights recognised and granted to the user in these general conditions or as determined in the specific conditions that GNARUM TECNOLOGÍA Y ENERGÍA, S.L. may establish to regulate the use of a specific service and/or content offered through the website.

If the guilty or negligent action or omission directly or indirectly attributable to the user of the website that causes the infringement of the intellectual and industrial property rights of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. or of third parties -whether or not there is any benefit for the user- causes GNARUM TECNOLOGÍA Y ENERGÍA, S. L. damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, GNARUM TECNOLOGÍA Y ENERGÍA, S. L. shall be entitled to take action against the user by all legal means available to it and claim any compensation amounts, including, but not limited to, moral damages and image, consequential damages and loss of profit, advertising costs or any other costs that may result for their repair, amounts of penalties or convictions, interest for late payment, the cost of financing all amounts in which GNARUM TECNOLOGÍA Y ENERGÍA, S.L. could be harmed, court costs and the amount of the legal costs and the amount of any other damages that GNARUM TECNOLOGÍA Y ENERGÍA, S.L. may incur, the legal costs and the amount of the defence in any process in which GNARUM TECNOLOGÍA Y ENERGÍA, S.L. may be sued for the aforementioned causes, for the damages caused by reason of its actions or omissions, without prejudice to exercising any other actions to which it is entitled by law.

H) Hyperlinks

The use of hyperlinks to this website shall only be authorised by GNARUM TECNOLOGÍA Y ENERGÍA, S.L. by means of written authorisation and provided that the hyperlink is made under the following terms provided for in these Conditions:

– The link should only allow access to the home page of this website.
– In order to avoid confusion for web users, it is forbidden to load any page belonging to the website in one of the sections of another web page divided into frames, in such a way as to cause a distortion in the presentation of this website, leading to confusion for Internet users (“framing”).
– The authorisation to insert a link does not, under any circumstances, presuppose consent to reproduce the visual and functional aspects (“look and feel”) of this website.
– It is also explicitly forbidden to create an environment or navigation bar on the pages that make up this site, without prior authorisation.
– Aspect of the link: the hyperlink may only consist of text. For the use of graphics or logos, a licence for the use of the graphics or logos must first be obtained from GNARUM TECNOLOGÍA Y ENERGÍA, S.L. In any case, the text must clearly state that it links to this website. In general, the appearance, visual effect, location and, in general, the characteristics of the hyperlink must show that it leads to the GNARUM TECNOLOGÍA Y ENERGÍA, S.L. website and that it is independent and is not linked by a relationship of collaboration, association, sponsorship, employment or any other type to the website containing the hyperlink. – Any web page containing a hyperlink to the website of GNARUM TECNOLOGÍA Y ENERGÍA, S.L., must inevitably respect these General Conditions of Use of this website, be characterized as fair and lawful hyperlinks and comply with any applicable legal provisions and the requirements of morality and generally accepted good customs.
– In particular, the authorization for the insertion of hyperlinks to this website is subject to respect for human dignity and freedom. The website in which the hyperlink is established shall not contain information or contents that are illicit, contrary to morality and good customs and public order, nor shall it contain contents contrary to any third party rights.
– Finally, it is forbidden to insert hyperlinks to the website on web pages with content, allusions or orientation contrary to or not compatible with those that inspire the GNARUM TECNOLOGÍA Y ENERGÍA, S.L. website.

I) Personal data protection

GNARUM TECNOLOGÍA Y ENERGÍA, S.L. guarantees the confidentiality of personal data provided by users and their treatment in accordance with current legislation on protection of personal data. Any processing of personal data will fall under the scope of application of the legislation in force in Spain regarding data protection consisting of Regulation (EU) 2016/679 of the European parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDDD).

J) Duration

The access, contents and services offered through the site have, in principle, an indefinite duration. GNARUM TECNOLOGÍA Y ENERGÍA, S.L., however, is authorized to terminate or suspend access, services and / or contents thereof at any time, without prejudice to what has been provided in this regard in these General Conditions or, where appropriate, Special Conditions governing the use of a particular service and / or content for users of the website.

K) Full agreement

These general conditions contain all the conditions agreed by the parties in relation to the subject matter hereof and any statements, commitments or promises, verbal, written or implied, prior to these conditions in relation to the subject matter hereof shall be deemed to be non-existent.

The fact that any of the parties concerned does not require at a given time the respect of any of the conditions set forth in these general conditions or, where appropriate, special conditions governing the use of a particular service and / or content for users of the website, can not be interpreted by the other as a waiver to subsequently require compliance.

L) Nullity and voidability

In the event that any clause of these general conditions or, where appropriate, special conditions governing the use of a particular service and / or content for customers of GNARUM TECNOLOGÍA Y ENERGÍA, S.L. and/or users of the website, is voidable or voidable, in whole or in part, this invalidity or voidability shall not affect the validity of other clauses of the same, which shall remain in full force and effect, unless the party claiming its invalidity or voidability proves that without the clause that is void or voidable the purposes pursued by these Conditions can not be fulfilled.

M) Legislation

These general conditions are governed by Spanish law.

N) Jurisdiction

The parties, expressly waiving their own jurisdiction, submit to the Courts and Tribunals of Madrid Capital for the resolution of any litigation that may arise.