OWNERSHIP OF THE WEB PORTAL
The person responsible for this website is the Empresa Municipal Mixta d’Aigües de Tarragona, SA (hereinafter, EMATSA), with registered office at Muntanyeta de Sant Pere i Sant Pau, s/n, Tarragona (43007) and NIF No. A43049956 registered in the Tarragona Commercial Register, in Volume 272, Folio 167, Sheet T-2941.
Access to the EMATSA website and its use confer on the person who uses it the status of “User”, who fully and unreservedly accepts these general conditions, as well as the particular conditions that, where applicable, complement, modify or replace the general ones in relation to certain services and conditions of the website.
ACCESS TO THE WEBSITE
The website is always accessible, except during maintenance periods. EMATSA cannot guarantee that the website will always be operational. Likewise, it cannot be held responsible for the results of force majeure events, breakdowns or technical problems affecting hardware, programs and software or the Internet, which may cause the suspension or interruption of the service. EMATSA is not responsible for delays, difficulties in use or incompatibility between the current website and the user’s files, browser or any other program used to access the website.
The website is available free of charge (excluding costs for connecting to the website which remain the responsibility of the user).
GENERAL CONDITIONS OF USE OF THE WEBSITE
These general conditions (hereinafter, “general conditions” or “notice”) regulate the use (which also includes access, creation, editing, modification and deletion) of this EMATSA website, including the contents and services made available. Any person who accesses this site is considered a User and expressly, automatically and voluntarily accepts to be subject to the general conditions in force at the time they access this website, as well as to the particular conditions that, if applicable, are applicable to them.
The website is aimed at users of legal age. It contains information related to services of interest to EMATSA customers or future customers.
The website allows certain procedures to be carried out online. Any procedure carried out through the website must be carried out in your own name, guaranteeing that the information that, if applicable, is provided has been obtained by lawful means and that it corresponds to the user’s real situation.
Procedures carried out on behalf of third parties will be accepted in the event of:
The User is aware and accepts that he/she uses the website in any case under his/her sole responsibility. It is prohibited to use the website for illicit or harmful purposes for EMATSA or any third party. When using the website, the user undertakes not to engage in any conduct that may damage the image, interests or rights of EMATSA or third parties; that may damage, disable or overload the website, or that prevents, in any way, the normal use of the website.
EMATSA adopts reasonably adequate security measures to detect the existence of viruses; however, the user must be aware that the security measures of computer systems on the Internet are not completely reliable and that, therefore, EMATSA cannot guarantee the absence of viruses or other elements that may cause alterations in the user’s computer systems or in their electronic documents and the files they contain.
EMATSA reserves the right to unilaterally modify, at any time and without the need for any prior notice, the structure and design of the website and to modify or eliminate services or content, as well as the conditions of access or use of the website, without prejudice to the obligations arising from the regulations on consumer and user protection or other applicable regulations.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
EMATSA has the exclusive ownership of all industrial and intellectual property rights, in addition to all the information contained in the website (images, graphic designs, source code, design, navigation structure, databases and any other content that appears there), or possesses sufficient rights to use them.
The exploitation rights over this website and any of its contents or elements and, in particular, the rights of use, exploitation, distribution, transformation and public communication belong, at all times and exclusively, during the legally established term of these industrial and intellectual property rights and for everyone, to EMATSA, including any improvement, adaptation, translation, refinement of any of its contents, elements and other materials created, edited or modified by the user. The user may not use the trademarks registered by EMATSA, the trade names, designs and know-how, nor any other distinctive sign of EMATSA, without its prior and express consent.
The user may not modify or reproduce, partially or totally, this information without the prior and express consent of EMATSA. By way of example but not limitation:
EXCLUSION OF WARRANTIES AND LIABILITY
EMATSA is not responsible for any damages or losses arising from the use of the contents of its website, unless otherwise provided in the applicable consumer and user protection regulations. In particular, EMATSA is not responsible for the contents or the status of the links contained in this website that may direct the user to other sites and web pages managed by third parties. EMATSA is not responsible for the contents or the status of the aforementioned sites or web pages, access to which, through this website, does not imply that EMATSA recommends or approves their contents. EMATSA is not responsible for any damages or losses of any kind that may occur due to deficiencies in the service of its server center, or of communication networks, or of problems resulting from malfunctioning or the use of non-optimized versions of browsers. Both access to the website and the use that may be made of the information it contains are the exclusive responsibility of the person who carries it out. EMATSA is not responsible for any consequences, damage or harm that may arise from this access or use of the information. EMATSA is not responsible for possible security errors that may occur or for possible damage that may be caused to the user’s software or computer system, nor to the files or documents stored on it, as a result of the presence of viruses on the computer that the user has used to connect to the services and contents of the website, a malfunction of the browser or the use of non-updated versions. In any case, it is the user’s responsibility to have adequate tools for the detection and disinfection of harmful computer programs.
HYPERLINKS AND LINKED SITES
The user who intends to establish a hyperlink or technical linking device from his website to the EMATSA website must obtain prior written authorization from EMATSA. The establishment of a hyperlink does not imply in any case the existence of relations between EMATSA and the owner of the site or web page on which the hyperlink is established, nor the acceptance or approval by EMATSA of its contents or services. In any case, EMATSA reserves the right to prohibit or disable at any time any hyperlink to its website, especially in cases of illegality of the activity or contents of the website in which the hyperlink is included.
On the EMATSA website, hyperlinks or technical linking devices (for example, links or buttons), directories or search tools are made available to the user, solely for the purpose of searching for and accessing information, content and services available on the internet, that allow the user to access sites or internet portals belonging to or managed by third parties (linked sites). EMATSA does not offer or market, by itself or through third parties, the information, content and services available on the linked sites, nor does it approve, supervise or control in any way the content, services or any material of any nature that they contain. Consequently, the user assumes exclusive responsibility for browsing through them.
The existence of linked sites does not presuppose, in any case, the formalization of agreements with those responsible or owners of these sites, nor the recommendation, promotion or identification of EMATSA with the events, content or services offered there.
APPLICABLE LEGISLATION AND JURISDICTION
These general conditions are governed by Spanish law. Unless otherwise indicated in the applicable consumer and user protection regulations, EMATSA and the user, expressly waiving any other jurisdiction that may apply to them, submit to the jurisdiction of the courts and tribunals of Tarragona, for all issues that may arise or actions derived from the provision of the website service and its services and contents, and on the interpretation, application, compliance or non-compliance with what is established herein.