GENERAL CONDITIONS FOR USING THE Adif - Alta Velocidad WEBSITE
The state-owned company ADIF - Alta Velocidad has creating and updates the web page identified by the name, or domain, www.adifaltavelocidad.es to make the information contained therein of public use. Access to and browsing on this website presumes knowledge and full acceptance of all the website's legal information and conditions of use. The purpose of these general conditions is to regulate the access to, browsing on and use of this website. However, regardless of these general conditions, Adif - Alta Velocidad has the right to stipulate specific conditions regulating its use. In the event of any discrepancy between what is stipulated in the general conditions and any specific conditions that may be established, the provisions of the latter shall prevail.
2. Scope of application
This legal notice regulates the use of the www.adifaltavelocidad.es Internet portal service that the state-owned company Adif - Alta Velocidad provides for Internet users. Adif-Alta Velocidad was created on 31 December, 2013, pursuant to Article 1 of Royal Decree-law 15/2013, of 13 December, regarding the restructuring of the state-owned company Administrador de Infraestructuras Ferroviarias (Adif) and is configured as a public body as provided for in Article 103.1 of Law 40/2015, of 1 October, on the Public Sector Legal Regime, by the division of the construction and administration activity of those high-speed railway infrastructures and others that are attributed and assigned until the date of entry into force to Adif. It is attached to the Ministry of Development. Possessing its own legal status with full powers to pursue its own ends and manage its assets, it is governed by that stated in the Royal Decree-law 15/2013 of 13 December, in Law 38/2015 of 29 September, of the Railway Sector, in Law 40/2015 of 1 October, on the Public Sector Legal Regime, under the regulations developing both of these, by its Statute, approved by Royal Decree 1044/2013 of 27 December and in the budgetary legislation and all other applicable regulations. In the absence of these regulations, the entity shall be subject to the private legal system. Adif - Alta Velocidad is also subject to the provisions of the Public Administration Common Administrative Procedure Law 39/2015 of 1 October when exercising administrative powers and with respect to the policy formation of its bodies. Adif-Alta Velocidad contact information:Address: Calle Sor Ángela de la Cruz, 3, 28020 (Madrid). Tax ID: Q-2802152-E Email: firstname.lastname@example.org In accordance with the provisions set out in Article 53, regarding the rights of the interested party in the administrative procedure, of Law 39/2015, of 1 October, of the Public Administrations Common Administrative Procedure, all communications, claims or requests related to acts of an administrative nature, or arising from the exercise of the administrative powers of the state-owned company, Adif - Alta Velocidad, must therefore be addressed and delivered by hand, or sent by ordinary/recorded post directly to the General Register that the state-owned company Adif - Alta Velocidad provides for the public at its offices at Calle Sor Ángela de la Cruz, 3-7ª Planta, 28020 (Madrid), which has the following opening hours:
- Mornings: from 9 am to 2 pm, Monday to Friday
- Afternoons: from 4 pm to 6 pm, Monday to Thursday
The email addresses listed or appearing on the Internet portal www.adifaltavelocidad.es, do not constitute a channel for the forwarding of communications, claims or requests indicated above; therefore, any communication, claim, request related to administrative acts or arising from the exercise of administrative powers addressed to Adif - Alta Velocidad through such email addresses, must be submitted for processing through the General Register, in order to ensure its registration and proper processing. b) Or through the General Access Point: administración.gob.es with the code DIR EA0008223.
3. Liability limit and exemption
Adif - Alta Velocidad makes great efforts to avoid any mistake in the content that might appear on this website. Adif - Alta Velocidad does not guarantee the accuracy or the current reliability of the information obtained from same, given that this information can be modified without prior notice. Adif - Alta Velocidad does not accept any liability arising from the use of the contents of this site by third parties. All the information contained on the www.adifaltavelocidad.es website is purely informative. The information provided is not necessarily thorough, complete, accurate or up-to-date. There is no guarantee that officially adopted tenders and legal texts have been accurately reproduced. Only those texts published on paper in the corresponding official gazettes are deemed to be authentic. As for the Investor's Portal, the website contents, including accounting, financial or operational plans, forecasts or estimates, are provided by way of information only and are not recommendations for investments, transactions or similar activities. The information provided by Adif - Alta Velocidad is general in character and has not been subjected to professional or legal advice. Adif - Alta Velocidad shall endeavour to prevent any disruption to the Portal, but cannot guarantee the absence of technological faults or the permanent availability of the Portal and the services contained therein and, consequently, will not be liable for damages that may arise owing to unavailability and to access failures caused by disconnections, breakdowns, overloads or network problems which are not attributable to Adif - Alta Velocidad. Adif - Alta Velocidad does not guarantee the absence of viruses or any other elements that may affect your computer system. Adif - Alta Velocidad rejects all liabilities for any damages arising from aforesaid viruses or harmful elements.
4. Service subscription
In general, access to website services does not require prior user subscription, or registration. Notwithstanding the foregoing, access to some services provided on the website may require the prior completion of a subscription form. To this end, the user guarantees the authenticity and truthfulness of all the data provided when filling in the subscription form(s). The user is responsible for and commits to keeping the information provided accurate and up-to-date. If the user is given a password as a result of the registration process, they must commit to keeping it secret and to use it diligently to access these services. Users are therefore responsible for the proper keeping and confidentiality of any identifiers and/or passwords they are given by Adif - Alta Velocidad, and undertake not to assign the use of same to third parties, either temporarily or permanently, and not to permit access to others. The user shall be liable for the unlawful use of the services by any illegitimate third party that may use a password to this end because of the user's lack of diligence or loss of the password.
5. Personal Data Protection
Basic information about data protection. Users must provide certain personal details in order to access some of the services offered through the www.adifaltavelocidad.es website. In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April, 2016, (GDPR), we inform you that the personal data provided will be processed by Adif - Alta Velocidad in order to enable access to services offered through the website www.adifaltavelocidad.es. The basis for legitimising the processing of personal data is the public interest or the exercise of public powers. No data will be transferred to third parties, except in case of legal obligation. Adif - Alta Velocidad, as the party responsible for the processing of this personal data, shall adopt all the technical and organisational means required to ensure their safety, avoiding any altering, loss and unauthorised processing of, or access to the data. Adif - Alta Velocidad shall process these data in accordance with the conditions specified in this section and pursuant to that which is set forth in the specific conditions of the service in question. Likewise, users may exercise their rights to access, rectify, remove, oppose to and limit their data towards Adif - Alta Velocidad in the legally-established manner, directing their request to the address: email@example.com or by post to Calle Sor Ángela de la Cruz, 3-7ª Planta, 28020 - Madrid, attaching a photocopy of their national identity document or passport.
6. Intellectual and Industrial Property Rights
All the content of the www.adifaltavelocidad.es website, including, though not restricted to, databases, images and photographs, patents, drawings, graphics, text, audio and video files, and software, belong to Adif - Alta Velocidad or content providers, having been, in the latter case, subject to licence or assignment by same, and are protected by national and international intellectual and industrial property regulations. The compilation, understood as referring to the gathering together, design, ordering and montage of all the www.adifaltavelocidad.es website content, belongs exclusively to Adif - Alta Velocidad and is protected by national and international intellectual and industrial property regulations. All of the software used on the screens and in the navigation, use and design of the www.adifaltavelocidad.es website belongs to Adif - Alta Velocidad and its software providers, and is protected by national and international intellectual and industrial property regulations. Adif - Alta Velocidad trademarks, lettering, distinctive signs and logos displayed on the www.adifaltavelocidad.es website belong to Adif - Alta Velocidad and have all been duly registered. All the texts, data, graphic drawings, video and audio elements displayed on the www.adifaltavelocidad.es website belong to Adif - Alta Velocidad, or information provider entities, and cannot be modified, copied, altered, transformed, reproduced, adapted or translated by the user, or by third parties, without express authorisation from the owners of such content. The making available to users of databases, drawings, graphics, images and photographs, text, audio and video files, and software belonging to Adif - Alta Velocidad, or its providers, and that are displayed on the www.adifaltavelocidad.es website does not in any way imply the assignment of their ownership, or the granting of a right of use to users, other than the rights of use involved in their legitimate use and in accordance with the nature of the website. Any use of the content of the www.adifaltavelocidad.es website, of the services, and in general, of all the rights mentioned above, that is made without the authorisation of Adif - Alta Velocidad is strictly prohibited, as is the use, reproduction, dissemination, distribution, transmission by any medium, later publication, exhibition, public communication and total, or partial, reproduction of same. Any such infringement of Adif - Alta Velocidad's rights of intellectual property shall be penalised accordingly by the prevailing legislation.
7. Hypertext links to the www.adifaltavelocidad.es website
The users, or owners, of other websites that wish to create a hypertext link (hereinafter referred to as a "link") to the www.adifaltavelocidad.es website must guarantee and undertake to observe the Internet link conditions laid down by Adif - Alta Velocidad, which are indicated below:
- No links shall be made to sites, or sub-sites, on which the Adif - Alta Velocidad logo is not displayed.
- No links shall be made that enable the total, or partial, reproduction of the contents that go to make up the www.adifaltavelocidad.es website.
- No untruthful, inaccurate or incorrect statements that may lead to error or confusion or, in general, that are contrary to law, morality or good manners shall be made.
- Links shall not be established to sites with racist, xenophobic or pornographic content, or those that support terrorism, that undermine human rights, that discriminate against gender equality, and, in general, that might damage Adif - Alta Velocidad’s image in any way.
Whatever the case, the inclusion of links to the www.adifaltavelocidad.es website by other websites does not imply that Adif - Alta Velocidad has any ties, or association of any type, with the owner of the website that establishes the link; neither does it imply that Adif - Alta Velocidad promotes, endorses, guarantees or recommends the contents of aforementioned Internet portals, or websites. On the other hand, the www.adifaltavelocidad.es website may contain links to other portals or pages that are not managed by Adif - Alta Velocidad. As far as the information contained on those web portals, or sites, is concerned, and which can be accessed by links, or search engines, on the Adif - Alta Velocidad website, Adif - Alta Velocidad rejects any liability for same. The presence of links on the www.adifaltavelocidad.es web page is for purely informative purposes, thus Adif - Alta Velocidad rejects any liability for, and does not offer any explicit, or implicit guarantee, with respect to:
- Marketability, suitability, quality, quantity, characteristics, provenance or origin, commercialisation or any other aspect of the information, products or services that are offered and marketed via other websites.
- Any direct or indirect damages that may result from the information, products or services that are offered, marketed, acquired, sold or rendered via other websites.
- The prices offered or agreed upon by users with companies offering their services, or any transactions or operations carried out between them, the successful completion of the same, the terms and conditions of use agreed upon, the modification, compliance and execution, invoicing, form and means of payment, any information exchanged, the content and use of information (personal or otherwise) that the said companies require the user to provide in order to carry out operations, advertising that users may use, or the use of the distinctive signs of a third party or of the aforementioned companies.
8. Access Restrictions
Adif - Alta Velocidad reserves the right to refuse access to the www.adifaltavelocidad.es website, or any part thereof, to any user, at its own discretion and at any moment in time, without the need for prior notice.
9. Applicable law and competent jurisdiction
The use of www.adifaltavelocidad.es website elements implies acceptance of the legal warnings stated herein and, especially, the fact that disputes concerning this website will be exclusively governed by Spanish law and only subject to the jurisdiction of the appropriate Spanish courts and tribunals.
10. Modification of the present conditions and warnings
Adif - Alta Velocidad reserves the right to modify the conditions and warnings applicable to the www.adifaltavelocidad.es website.
11. Suspension of access to the website and to the services included therein
Adif - Alta Velocidad shall make the utmost effort to keep its website constantly available. Notwithstanding, any test, control and maintenance operation modality shall be freely chosen and carried out by Adif - Alta Velocidad at any given time, whatever the procedures or means used to this end may be. Adif - Alta Velocidad reserves the right to modify the transmission and monitoring capacities, along with the other technical media or services, employed to access or use the www.adifaltavelocidad.es website. Adif - Alta Velocidad may suspend services, either temporarily or definitively, without this giving rise to any form of compensation for the user, in any of the following circumstances:
- When maintenance work is deemed necessary.
- When such an action is required to preserve the integrity, or safety, of equipment, systems or Adif - Alta Velocidad networks, or those of third parties
- When company, or third party, operational reasons affecting the provision of Adif - Alta Velocidad services so justify such an action.
- • Whenever a situation of force majeure prevails, where force majeure is understood to refer to any unforeseeable event, or event that, albeit foreseeable, is unavoidable, failures in access to the www.adifaltavelocidad.es website, power cuts or attacks on the website server that affect the quality of the services and for which neither Adif - Alta Velocidad, nor the user, are accountable, failures in the transmission, broadcasting, storage or making available to third parties of databases and other website contents and, problems or errors in the reception, retrieval or access to the web page, or to the services, by aforesaid third parties.
Adif - Alta Velocidad may close the use of the web page without giving prior notice to the user in the following cases:
- If it becomes aware of the user undertaking any illegal activity through its services.
- If the user has breached one or more of their essential obligations.
- Especially in the case of misuse of the access code and violation of the website's intellectual property rights, all without prejudice to Adif - Alta Velocidad exercising as many legal actions as pertinent in defence of its interests