Legal notice

1. The Legal Notice and its acceptance

These General Conditions – Legal Notice (“Legal Notice”) regulate the conditions of access and use of the Internet portal accessible through the URLs www.grupofertiberiaincro.es – www.grupofertiberia.com (“Portal”) that is the exclusive property of the company INCRO, SA (“INCRO”).

The use of the Portal attributes to all those who access it the status of user of the Portal (“User”) and express full, complete and unconditional acceptance by said Users of this Legal Notice in the current version thereof at all times. If the User does not agree with the content of this Legal Notice, he/she should abstain from accessing the Portal or using the services provided through it.

As a User, you declare under your sole responsibility to be of legal age and/or to have the capacity to act sufficiently, according to applicable legislation, in order to comply with the provisions of this Legal Notice, and to use the services or information provided through the Portal correctly and as specified in this Legal Notice.

2. Conditions of access and use of the Portal

Access to and use of the Portal and the services and information provided through it, is, in general, free for Users and does not require prior subscription or registration.

INCRO reserves the right to unilaterally modify at any time the presentation and configuration of the Portal, any services or content provided through it and this Legal Notice.

The User agrees to use the Portal and the information or services provided through it, in accordance with the law, as well as morality, generally accepted good customs and public order.

The User will abstain from and agree not to use the Portal for illicit purposes or effects, contrary to the provisions of this Legal Notice, which damage the rights and interests of INCRO or third parties, or that in any way may damage, disable, overload or deteriorate the Portal or prevent normal use or enjoyment thereof by Users.

3. Intellectual and Industrial Property Rights of the Portal

The intellectual and industrial property rights of the Portal and the various elements contained therein are the property of INCRO or subject to third-party rights, and in any case, are protected by the provisions of the Spanish Intellectual Property Law and other relevant international legislation.

INCRO does not grant any licence or authorisation of use of any kind on the rights of industrial and intellectual property on any property or content related to the Portal, or any of the services provided to the Users in it. Nevertheless, and only for those cases in which it is legally or contractually permitted, INCRO may study, on a case-by-case basis, those requests for a licence or authorisation to use certain contents of the Portal. This authorisation must be requested in writing previously from INCRO, which, if it deems it appropriate, will also grant it in writing and in any case prior to the use of any content.

Unauthorised use or exploitation or infringement of the provisions of this Legal Notice, the contents, services or any other rights arising from the Portal, will give rise to the exercise of the actions that INCRO or the potential subjects of third rights parties entitled to those rights deem convenient in defence of their interests.

The User undertakes to use all the contents of the Portal in a diligent, correct and lawful manner and, in particular, agrees to abstain from (a) using the contents of the Portal for purposes and effects contrary to the law, morality and generally accepted good customs or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents of the Portal, unless he/she has the authorisation of the owner of the corresponding rights or it is legally permitted; (c) delete, evade or manipulate the “Copyright” and other data identifying the rights of INCRO or its respective owners incorporated into the contents of the Portal, as well as technical protection devices, digital fingerprints or any information mechanisms that the contents of the Portal may contain.

4. Hyperlinks (Links)

Entities or persons that intend to establish a hyperlink with the Portal must comply with at least the following conditions:

(1) The hyperlink will create a link with the homepage of the Portal, guarantee in all cases that the said home page can be viewed, ensure its integrity, and indicate any of the domain names owned by INCRO, and that allow access to the home page and in no case will it reproduce the contents, logo, brands and others of INCRO or the Portal.

(2) It will not be declared that INCRO could have authorised this hyperlink, nor will there be inaccurate or false statements about INCRO or its Portal.

(3) Hyperlinks will not be established from pages that may expose illicit content and/or contrary to moral or public order.

The establishment of a hyperlink to the INCRO Portal does not imply any relationship between the page, portal or website that establishes it and the INCRO Portal.

5. Exclusive responsibility of the User

INCRO makes its best efforts to provide adequate and updated services to Users through the Portal. The User declares to know and accepts that the use of the Portal or any of its contents (information or services) takes place, in any case, under its sole and exclusive responsibility. Therefore, the User agrees to respond and assume the consequences, damages and/or damages that may arise from this access or use of the information that the User may make both for himself/herself and with respect to third parties that may be affected.

Notwithstanding the foregoing, INCRO shall not be liable for damages in relation to the following aspects:

5.1. Availability and continuity.
INCRO does not guarantee the availability and continuity of the functioning of the Portal or its services, reserving the right of their variation, modification or deletion at any time, depending on the needs of the Portal.

5.2. Veracity, accuracy and updating.
INCRO does not guarantee the veracity, accuracy and updating of the contents and services that are offered/accessible from the Portal. The answering service for queries (Commercial, Technical and others) or any other type of queries issued through the Portal only provides a guide and general information based on the data provided by the consultant. That is why this possible guide/information is subject to variation, depending on the specific circumstances of each case and according to other detailed analyses or considerations that could eventually be made, and its application does not guarantee suitable results. INCRO declines any responsibility as a consequence of the guidelines/information provided through any query issued through the Portal.

5.3. Privacy and security.
INCRO does not guarantee the privacy and security of the Portal, and is not responsible for interventions of third parties who are not authorised in the same, or the appearance of viruses and similar issues in their IT system or supports.

5.4. Services provided by third parties.
INCRO does not guarantee, nor does it know the current status of the contents and/or services of third parties that are displayed directly on the Portal or to which access has been made through hyperlinks (links), banners, buttons, etc. Likewise, it will not be responsible for the veracity, accuracy, updating, privacy, security, availability and/or continuity of the contents or services of third parties, in the same terms as stated above.

In particular, INCRO has no effective knowledge that the activity or information to which its hyperlinks (links), banners or buttons refer, or that the content provided by third parties is unlawful or damages property or rights of a third party liable for compensation. In any case, as soon as it knows that any of the hyperlinks on its Portal or the contents provided by third parties is illegal or harmful in the foregoing terms, INCRO undertakes to suppress this hyperlink or content from its Portal as soon as possible and wherever possible.

6. Duration and Termination

The applicable Conditions will be those corresponding to each access to this Portal, with INCRO reserving the right to modify the Conditions to adapt them to the provision of services and to the legislation and jurisprudence in force at each moment. INCRO shall have the right to terminate or suspend the provision of any or all of the services of the Portal at any time, issuing a warning, whenever possible, prior to the termination or suspension of services.

7. Applicable Law and Jurisdiction

The law applicable to the provision of services as well as to these Conditions will be Spanish law, with the Courts competent to hear any dispute or controversy that may arise from the provision of services being those of MADRID (Spain), with the parties expressly waiving any other jurisdiction, and notwithstanding the legislation of consumers and users that may apply.

8. Data Protection Policy

INCRO wishes to make clear its maximum respect for the privacy and privacy of Users of the Portal, in compliance with current legislation. To this end, do not hesitate to consult the Data Privacy Policy of the Portal by clicking here.

9. General Information

This Portal is owned by and belongs to INCRO, S.A., with address at Serrano 27Torre Espacio, Paseo de la Castellana 259, Floor 2-I48. 2800146, Madrid (Spain), duly registered in the Commercial Registry of Madrid in Volume 38856,875, Book 31250, SheetFolio 5848, Section 38, Page Sheet M-111.94629680, and Tax Identification Number A-28403830165298.

If you have any questions or queries, please do not hesitate to contact us by ordinary mail at the address indicated in the previous section, Department of Institutional Relations and Communication or by e-mail to fertiberia@fertiberia.esincro@incro.es.