F.A.C.T.

Zarautz-Urdaneta, 20809, Aia, Spain

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(+34) 943 140 139

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info@basqueautomation.com

Terms and Conditions of Use

Legal Disclaimer

As disposed in the article 10 of the 34/2002 Law of July 11th, on Information Society and Electronic Commerce Services, BASQUE AUTOMATION, as provider of services of society information operating through this website, makes available the following general information to any interested person or entity:

Company name: BASQUE AUTOMATION S.L.. (herein named “BASQUE AUTOMATION”)

Registered office address: F.A.C.T., Zarautz-Urdaneta, 2080*, Aia (Gipuzkoa), España

. Email address: info@basqueautomation.com

Code Tax Identification (CIF): B44967859

Registration in the Mercantile Register of Gipuzkoa.

All the content of this website, including, and without limitation, texts, graphics, images, its design and the intellectual property rights that may correspond to this content, as well as all trademarks, trade names or any other distinctive sign, are property of BASQUE AUTOMATION or their legitimate owner (with whom has reach the corresponding agreements of transfer/licensing of these rights), and all rights over them being reserved.

It is forbidden any act of reproduction of the contents, in whole or in part, in any form or medium, be it mechanical, electronic, reprographic or other, as well as any act of dissemination, public communication or distribution, without the prior written authorization of BASQUE AUTOMATION or the legitimate owners of these rights. BASQUE AUTOMATION will not be responsible for any damages that may arise from the use of the content or the infringement of any current legal provision carried out by the user.

1. Rights and obligations of the service provider

1.a) As the service provider, BASQUE AUTOMATION is obliged to provide the services offered on THIS MEDIA AND/OR DIGITAL ENVIRONMENT, to effectively guarantee the secrecy of any communications that may have with the user, as well as to answer to the claims that eventually might be raised.

1.b) In the event of maintenance, repair, update or improvement of services, BASQUE AUTOMATION has the right to temporarily suspend accessibility to THIS MEDIA AND/OR DIGITAL ENVIRONMENT without prior notice. Likewise, it has the right to provide or cancel its services, case in which the user will be informed, without prejudice and provided that circumstances allow it.

1.c) BASQUE AUTOMATION does not guarantee the information or services offered, directly or indirectly, except the guarantees that must be granted by virtue of the applicable laws or that are explicitly described in an agreement between this company and the user.

BASQUE AUTOMATION does not guarantee the content supplied, where appropriate, by third parties, nor does guarantee the accuracy, reliability, precision, timeliness or convenience of the use of the information, by the user or any other person.

1.d) The intellectual property rights over THIS MEDIA AND/OR DIGITAL ENVIRONMENT are owned by BASQUE AUTOMATION. The exclusive exercise of the rights of reproduction, distribution, public communication and transformation belong to the quoted company.

2. Rights and obligations of the user

2.a) The user, in order to register in THIS MEDIA AND/OR DIGITAL ENVIRONMENT, must enter a username and a password, which will be the usual access code. The user will be responsible for the custody of their username and password, the misuse of it, and the consequences that may when of their custody duty has been violated by a third party.

2.b) At all times, the user must make a lawful use of the services of THIS MEDIA AND/OR DIGITAL ENVIRONMENT in accordance with the current legislation, respecting the intellectual property rights of BASQUE AUTOMATION, or third parties.

To this effect, the user guarantees that the activities carried out through THIS MEDIA AND/OR DIGITAL ENVIRONMENT will be adapted to the law, moral, public order and good habits, and in no case will they be offensive to the good name and image of BASQUE AUTOMATION.

2.c) The user will not carry out any action that causes damage or alterations to the contents, nor will it hinder the proper functioning of THIS MEDIA AND/OR DIGITAL ENVIRONMENT. It will not cause technical problems of any kind, nor transfer elements likely to have computer viruses, or damage, interfere, or totally or partially intercept THIS MEDIA AND/OR DIGITAL ENVIRONMENT, as well as not intervene or alter the email of other users.

2.d) The responsibility of the user for the truthfulness of the data entered is exclusive, so in case of having provided false or inaccurate data, BASQUE AUTOMATION reserves the right to prohibit access to THIS MEDIA AND/OR DIGITAL ENVIRONMENT.

3. Nullity and ineffectiveness of the clauses

If any clause of the Terms and Conditions of Use of BASQUE AUTOMATION for THIS MEDIA AND/OR DIGITAL ENVIRONMENT is declared totally or partially null or ineffective, it will affect only said provision or part of it, remaining valid everything else, the rest of the general conditions and, having such provision or the part of it that is affected by not being placed unless, as it is essential to these general conditions, it should affect them in an integral way.

4. Exclusion of guarantee and responsibility for the operation of this medium and or digital environment and its services.

4.a) BASQUE AUTOMATION does not guarantee the availability and continuity of the operation of THIS MEDIA AND/OR DIGITAL ENVIRONMENT and its services.

In this way, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of THIS MEDIA AND/OR DIGITAL ENVIRONMENT, its services and the utility that users could have attributed, is excluded TO THIS MEDIA AND / OR DIGITAL ENVIRONMENT.

In any case, BASQUE AUTOMATION will make its best efforts in order to maintain the availability of THIS MEDIA AND/OR DIGITAL ENVIRONMENT.

4.b) BASQUE AUTOMATION makes personal data privacy systems available to users, in order to prevent access to them by unauthorized third parties. BASQUE AUTOMATION has implemented all the necessary technical and organizational security measures to guarantee the integrity, confidentiality and availability of the personal data provided by the user.

4.c) Although BASQUE AUTOMATION has implemented all those appropriate security measures to guarantee security in this matter, it does not control or guarantee the absence of viruses or other elements in the contents of THIS MEDIA AND/OR DIGITAL ENVIRONMENT, that may produce alterations in the user’s computer system (software and hardware), or in the electronic documents and files stored in his computer system.

BASQUE AUTOMATION disclaims any responsibility for damages of any kind, that may be due to the presence of viruses in the contents, and that may cause alterations in the computer system, electronic documents, files, etc.

4.d) BASQUE AUTOMATION has no obligation and does not control the usage of the users of THIS MEDIA AND/OR DIGITAL ENVIRONMENT, and the services and their contents. In particular, this company does not guarantee that users use THIS MEDIA AND/OR DIGITAL ENVIRONMENT, its services and its contents in accordance with these General Terms and Conditions and, where appropriate, the Particular Conditions that may be applicable, or that they do so diligently and prudently.

This company does not have the obligation to verify, and does not verify, the identity of the users, nor the veracity, validity, completeness and/or authenticity of the data that they provide about themselves to other users.

5. Intellectual property

All rights to the content of THIS MEDIA AND/OR DIGITAL ENVIRONMENT belong to BASQUE AUTOMATION, except those of companies with which it has signed the corresponding contract for the provision of content, and are protected by national and international intellectual and industrial property regulations.

The design, images, maps, graphics, brands, labels, distinctive signs or logos of BASQUE AUTOMATION, frames, banners and their different source and object codes, etc. of THIS MEDIA AND/OR DIGITAL ENVIRONMENT are owned by BASQUE AUTOMATION, which legitimately owns the exclusive exploitation rights over them.

The user who accesses THIS MEDIA AND/OR DIGITAL ENVIRONMENT may not copy, modify, distribute, transmit, reproduce, publish, assign, sell the aforementioned elements or create new products or services derived from the information obtained.

Only viewing and uploading is authorized for the user’s personal and non-commercial use, not allowing the extension of it to third parties or entities.

In the case of graphics or designs that appear in THIS MEDIA AND/OR DIGITAL ENVIRONMENT and that are owned by companies collaborating with BASQUE AUTOMATION, these conditions will also apply, unless otherwise agreed.

The alteration of THIS MEDIA AND/OR DIGITAL ENVIRONMENT by the user, alteration that may affect its content, such as links, is strictly prohibited.

BASQUE AUTOMATION will ensure that the contents of THIS MEDIA AND/OR DIGITAL ENVIRONMENT do not have a pornographic, xenophobic, discriminatory, racist, defamatory nature or that they do not promote violence. In the same way, it will try to avoid any circumstance that may be detrimental to users.

6. Protection of personal data

All information on the processing of personal data is collected and detailed in the Data Protection Policy

Without prejudice to this, it is reported that:

6.a) To access and/or use some of the services it is necessary for users to previously provide BASQUE AUTOMATION with certain personal data (hereinafter, the “Personal Data”), which BASQUE AUTOMATION will process and incorporate into an automated file, with the purposes that correspond in each case, although fundamentally the data that the user provides to BASQUE AUTOMATION is intended to provide the services of THIS MEDIA AND/OR DIGITAL ENVIRONMENT.

6.b) All these circumstances will be previously and duly notified by BASQUE AUTOMATION to the users, in the cases and in the way in which it is legally required.

6.c) If the user provides personal data of third parties, they will have to inform said third parties of the content of the data provided, of the existence and purpose of the file where their data is contained, of the possibility of exercising rights, and they will identify BASQUE AUTOMATION and must obtain the consent of said third party to communicate their data to BASQUE AUTOMATION.

6.d) BASQUE AUTOMATION guarantees that it has adopted the appropriate security measures in its facilities, systems and files. Likewise, BASQUE AUTOMATION guarantees the confidentiality of Personal Data. Notwithstanding this, BASQUE AUTOMATION will reveal to the competent public authorities the Personal Data and any other information that is in its possession or is accessible through its systems, and is required in accordance with the legal and regulatory provisions applicable to the case.

6.e) Users are recognized and may exercise their rights of access, deletion, rectification, limitation, oppose their treatment, revoke their consent or request the portability of their data, by contacting BASQUE AUTOMATION following the procedure for the exercise of rights described for this purpose in the Data Protection Policy.

BASQUE AUTOMATION has made a serious commitment from the beginning to guarantee security in all its commercial transactions.

For this reason, the Electronic Commerce system used by this company is hosted on a Secure Server, certification obtained and endorsed, so that all confidential information is sent safely, through the advanced SSL data encryption system. (Secure Socket Layer).

The user can know that they are in a secure area when the URL changes from https:// to https://, and also viewing a closed padlock at the bottom of the browser. In this way, all the data that is sent from that moment on will travel fully encrypted, guaranteeing the total security of the transactions.

7. Cookies

All the information about the use made by THIS MEDIA AND/OR DIGITAL ENVIRONMENT of cookies is collected and detailed in the  Cookies Policy.

8. Nullity and ineffectiveness of the clauses

If any clause of the Terms and Conditions of navigation and use of THIS MEDIA AND/OR DIGITAL ENVIRONMENT of BASQUE AUTOMATION is declared totally or partially null or ineffective, it will affect only said provision or part of it, becoming null or ineffective, and subsisting on everything else. The rest of the general conditions not being placed, and having the part of it that is affected, it is essential to these general conditions, and it should affect them in an integral way.

9. Applicable law and jurisdiction

These Terms and Conditions of use, as well as any relationship between the user and BASQUE AUTOMATION, will be governed by the Spanish legislation.

For any litigation derived from the existence or content of these Terms and Conditions, or from the relations between the user and BASQUE AUTOMATION, both parties submit to the jurisdiction and competence of the Courts and Tribunals that legally correspond.