FCC Construcción

Legal Notice

1. WEBSITE OWNERSHIP

FCC Construcción ("the company" from now on) belongs to the FCC Group
www.fcc.es and is the owner of this Web site ("the Web site" from now on). Its  address is Calle Balmes 36, 08007 Barcelona and its taxation number is A-28/854727. It can  be contacted electronically using the form.

The entity is registered at Registro Mercantil de Barcelona, Volume25.762, Page 108 , Section B , File 94.500.

The domain name(s) through which you have accessed this WebSite is/are owned by the Entity.

This/these domain name(s) will not be used in connection with other contents, products or services which are not owned by the Entity and/or by the FCC Group, or in any way which can lead to confusion among the final users or to discredit the Entity and/or the FCC Group.

2. OBJECT

This legal notice contains all the conditions of use which regulate access, navigation and use of the WebSite, as well as detailing the responsibilities derived from its use, the provision of and/or contracting products or services, which may be offered, as well as all related content and without prejudice to the fact that the Entity may establish specific conditions which regulate the use, provision and/or contracting of the products or services which are offered to users through the WebSite. In any case, those specific conditions will form an integral part of this legal notice.

Just accessing the WebSite, filling out forms, sending information requests, complaints, contracting offers, curriculum vitae and in general, all acts of a similar nature to those carried out through the filling out of forms and/or through email addresses published on the website will imply the acceptance with no reserves of each and every one of the rules found in this legal notice and will be taken as consideration on the part of the WebSite User. You must therefore read and understand the content of this legal notice.

Should the use, provision and/or contracting of products or services be offered through the WebSite, the mere fact of being used and or requested by the user will imply, equally, the acceptance with no reserves or the specific conditions which have been established and which will form an integral part of this legal notice.

3. WEBSITE USE AND ACCESS

Access to the WebSite by the users is free. However, the use, provision and or contracting of the products and services which could be offered by the Entity can be subject to the previous acceptance of formal requisites such as the filling out of the corresponding form, payment of costs and/or the previous acceptance of specific conditions which apply to these.

Just accessing the WebSite does not imply the establishment of any link or commercial relationship between the Entity and the User, except where the appropriate means have been established and the user has previously complied with the requisites which are established.

Including information on the WebSite relating to products or services offered by the Entity is solely for information and advertising purposes, unless otherwise is stated.

If for the use, provision and/or contracting of a product or service offered through the WebSite, the User must proceed to its registration, he/she will be under an obligation to provide accurate information, guaranteeing the authenticity of all the data provided at the time of filling out the pre-established forms needed to access the products or services involved.

If as a result of the User's registration, a password is issued, the User thereby is bound to use it diligently and keep this password secret. Consequently, the Users will be responsible for the adequate custody and confidentiality of all identifying data and or passwords which are given to them by the Entity, and are bound to not agree to their use by third parties, be it temporarily or permanently, nor to provide access to others. The use and or contracting of products or services by illegitimate third parties acquired due to a negligent use of a password given to a third party and or the loss of the password by the User, will be the ultimate responsibility of the User.

With reference to the abovementioned issue, it is the User's duty to notify the Entity with immediate effect of any circumstances which may led to the improper use of the identifying data and/or passwords, such as theft, loss or non-authorised access, so that the Entity can proceed to their immediate cancellation. For as long as these circumstances are not communicated to the Entity, the Entity will be exempt from any responsibility which could derive from the improper use of the identifying data or use of passwords by third parties.

In all cases, the access, navigation and use of the WebSite, and the use or contracting of the services or products offered through the WebSite, is the sole and exclusive responsibility of the User. The User is therefore bound to diligently and faithfully observe any additional instruction given by the Entity or by the Entity's authorised employees in relation to the WebSite's use and its contents.

The User is therefore bound to use the contents, products and services in a diligent, correct and licit manner, complying with current legislation and in particular, agrees to abstain from:

(i) Using them in ways which are against the law, morality and good manners generally accepted or to public order and against instructions given by the Entity.

(ii) Using them in a way which harms the legitimate rights of third parties

(iii) Using contents and products, and in particular, information of any nature which is obtained through the WebSite or the services for publicity purposes or any form of communication which has direct sales purposes or with any other commercial aim, non-solicited messages aimed at a group of people, independent of their finality, as well as abstaining from commercialising or circulating in any way this information.

4. RESPONSIBILITIES AND LIMITATIONS

The Entity cannot guarantee the reliability, use or veracity of the information given by this WebSite.

Consequently, the Entity is not responsible and does not guarantee:

(i) The continuity of the WebSite's contents and/or the unavailability or accessibility of the WebSite or its technical continuity

(ii) The lack of errors in its contents or products

(iii) The absence of viruses and other harmful elements in the WebSite or server which supplies it

(iv) The lack of vulnerability of the WebSite and or the impregnability of the security measures adopted

(v) The lack of usability or performance of the WebSite's contents or services

(vi) The loss or damages caused to him/herself or a third party as a result of a person breaching the conditions, terms of use or instructions given by the Entity on the WebSite o through the infringement of the  WebSite's security measures

(vii) Whatever other damages which could be caused by motives pertaining to the WebSite not functioning or to the defective functioning of the WebSite or other website with which links could not be established.

Notwithstanding the above, the Entity declares that it has adopted all necessary measures, within its reach and within the state of technology, in order to guarantee the smooth functioning of the WebSite and to avoid the existence and transmission of viruses and other damaging components which could potentially harm Users.

The Entity tries its best to avoid errors in the contents published in the WebSite. All contents offered through the WebSite are updated and the Entity reserves the right to modify them at any time. The Entity will not be held responsible for the consequences which could be derived from the errors in the contents published by third parties on the WebSite.

Any communication or transmission of contents which infringes the rights of third parties and the content of which is threatening, obscene, defamatory, pornographic, xenophobic, which undermines personal dignity or the rights of minors, current legislation or any conduct which incites or constitutes a criminal offence is totally prohibited.

Equally, the inclusion and communication of contents by users which are false or inaccurate and which induce error or mislead the rest of Users or the Entity's personnel, in particular those contents which are protected by whichever intellectual or industrial property rights belonging to third parties, without the authorisation of the content's owner, and which undermine or harm the Entity's or a company part of the FCC Group, and which can be considered as illegal, misleading or unfair advertising and which contains viruses or any other electronic element which could harm or hinder the functioning of the website, or the net, IT equipment belonging to the Entity or to third parties and or the access to the WebSite by the rest of users, remains totally prohibited.

The Entity may refuse access to the WebSite to any User which undertakes any of the actions referred to above.

5. INTELLECTUAL PROPERTY RIGHTS

The Entity is the owner of and has obtained the corresponding licence on the rights relating to intellectual property and image rights pertaining to the contents available through the WebSite, to list but a few (non-exhaustive list), the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, indices, images, brands, logos, expressions and information and in general, any other creation which is protected by national regulations and international treaties on intellectual property (hereinafter referred to as the Contents).

All intellectual property rights on the Contents are reserved and in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way, the totality or part of the Contents included in the WebSite for public or commercial means, if prior, express and written authorisation is not sought from the Entity or in its case, from the owner of the corresponding rights.

Access to and navigation by the WebSite's use will in no case be understood as a relinquishment, transmission, licence or total or partial transfer of the rights previously outlined by the Entity.

Consequently, it is not allowed to delete, evade or manipulate ownership rights ("copyright") and whichever identifying data of the right holders, be it the holders within the Entity or any other holders, as well as those technical protection mechanisms, fingerprints or whichever information or identification mechanisms which could be contained in these Contents.

Any references to names and commercial or registered brands, logos or other distinctive signs, which are owned by the Entity or by others, implicitly forbid their use without the authorisation from the Entity or from the legitimate owner. At no time, unless otherwise expressly stated, shall access or use of the WebSite and or its Contents, give the user any right whatsoever on the brands, logos and or distinctive signs included on the WebSite, as they are protected by Law.

6. LINKS

6.1 Links from the WebSite to other websites

The Entity can offer direct or indirect links to other Internet websites which are outside the WebSite. The presence of these links in the WebSite, have a purely informative purpose and at no time constitute an invitation to contracting the products and or services offered on these websites and neither does it imply the existence of a commercial link or relationship with the entity owning the website to which the link is offered. In these cases, the Entity will not be responsible for establishing general conditions to be taken into account in the use, provision or contracting or these services by third parties and as such, cannot held responsible for these.

The Entity does not have the knowledge or human and technical means to control or approve all the information, contents, products or services provided in other websites to which it offers a link through its WebSite. Consequently, the Entity will not take any responsibility for any aspect relating to these websites linked to through the WebSite, in particular on its functioning, access, data, information, files, quality and reliability of its products and services, its own links and or any of their contents in general.

Notwithstanding the above, where the Entity becomes aware that the activity or the information which it links to is illegal and which can lead to a crime or could damage the rights or property of third parties, it will act with the necessary diligence to delete or stop using the corresponding link at the earliest opportunity.

Equally, if the Users become aware of the illegality of the activities carried out through these third parties websites, they will be under the obligation to communicate it to the Entity with immediate effect, so that it can proceed to stop access to this link.

6.2 Link from other web pages from the WebSite

If any User, entity or webpage wants to establish some sort of link to the WebSite, they will have to comply with the following conditions:

(i) They will need to obtain previous, express and written authorisation from the Entity

(ii) The link will only be made to the WebSite's homepage, unless otherwise stated or authorised.

(iii) The link needs to be absolute and complete, i.e. it must lead the User through a click, to the main page and must include the whole page of the WebSite. In no case, unless otherwise authorised by the Entity, will the webpage from which the link is made be able to reproduce, in any way on the WebSite or include as part as their own web or as part of their frames or be able to create a browser on any of the WebSite pages.

(iv) On the website from which the link is established, no declaration at all can be made to the effect that the Entity has authorised this link, unless that has been the case. If the entity providing the link from its page to the WebSite wanted to include on its own webpage the brand, denomination, commercial name, label, logo or any other sign which identifies the Entity and or the WebSite, they will have to have previous, express and written authorisation from the Entity.

(v) At all times, the Entity forbids the link to the WebSite from all those webpages which contain materials, information, or contents which are illegal, degrading, obscene and in general, which infringe upon morality, public order, current legislation, generally accepted social rules or which harm the legitimate rights of third parties.

7. PRIVACY

When it is required that the User registers or provides personal data (in order to access services, request information, acquire products, make consultations, complaints or contract request, sending curriculum vitae), the treatment of personal data will be carried out complying with the requirements set out in the Ley Orgánica 15/1999, de Protección de Datos (Spanish Data Protection Act).

In this case, the User will be alerted as to the need to provide his/her personal data. Where the email address or any other electronic communications mean is provided, the User expressly authorised the Entity to use this mean as a way of communicating with him/her, in order to reply to his/her request and or consultation, as well as to provide him/her with information about the Entity and to inform of any other relevant changes which are made on the WebSite.

The treatment of the data is carried out to comply with the requirements laid down by law, and in particular, with the obligation to keep this data under confidentiality and secret, with the Entity having ensured that the appropriate security measures have been adopted in order to avoid any change, loss or non-authorised access, as well as any harm to the personal data and registered information.

The User has the right to access, rectify, cancel and oppose the personal data. These rights can be exercised by notifying the Entity in writing at the address provided on its webpage.

8. DURATION AND MODIFICATION

The Entity reserves the right to modify this Legal Notice and the particular conditions which may have been established for the use and or contracting of the products and services provided through the WebSite, when it considers it appropriate and in order to adapt and comply with any changes in legislation and in technology which have become effective since the last publication of the WebSite.

The temporary duration of these conditions of use coincide with the duration of publication, until they are totally or partially modified. At this point, the modified conditions of use will become binding.

The Entity can, at any time finalise, cancel or interrupt access to the published content. In this case, the User will not be able to ask for any sort of compensation. Following this cancellation, the previously outlined (in this Legal Notice) prohibitions of the use of contents will remain valid.

9. COMMUNICATIONS

For any communication between the Entity and the User, the User will have to contact with the Entity through the postal and or email address provided on the webpage. Communications from the Entity to the User will have to comply with the contact information provided by the User. The User therefore expressly accepts the use of the email address provided as a valid mean for the exchange of information between the Entity and the User.

10. MISCELLANEOUS

The headings of the different clauses only have an informative nature and do not affect, qualify or modify the interpretation of this Legal Notice.

Where there is discrepancy between what is established in this Legal Notice and between the conditions which can be established in relation to products or services offered in the WebSite, what is established in the conditions will prevail.

Where one of the provisions laid down in this Legal Notice could be considered as not being totally or partially binding by a Court of Law or by a recognised Administrative body, the nullity will not affect the other provision contained in this Legal Notice nor any other provisions which have been established.

Where the Entity does not exercise one of the rights contained in this Legal Notice, this will not constitute a relinquishment to this right, unless expressly stated in writing.

11. GOVERNING LAW AND JURISDICTION

The present Legal Notice and the relationship established between Entity and the User, and in particular the knowledge and resolution of any dispute, discrepancy or differences which could arise, they will be governed and resolved by Spanish legislation and the competent jurisdiction.

However, in those cases where the legislation envisages the possibility of it being subject to the laws of another jurisdiction, the Entity and the User, can expressly relinquish any other jurisdiction which could correspond to them, they will submit any controversy and or dispute to the Courts of Law and or Tribunals which correspond to the Entity's address detailed in this Legal Notice.

© 2008 FCC Construcción S.A.  All rights reserved.