LEGAL NOTICE

INFORMATION SOCIETY SERVICES ACT (LSSI in Spain)

MAGA ENGINEERING S. L., responsible for the website (hereinafter RESPONSIBLE), makes this document available to users in order to comply with the obligations set forth in Act 34/2002 of July the 11th on Information Society and Electronic Commerce Services Act (LSSICE in Spain), as well as to inform all users of the website about the terms of use.

Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable.

The RESPONSIBLE PARTY reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of said obligations, it being understood that publication on the website https://magaengineering.com/ is sufficient.


1. IDENTIFICATION DATA

Owner: MAGA ENGINEERING S. L.
Tax ID: B1624975
Registered office: Carretera de Pedro Muñoz 28, 16630 Mota del Cuervo (Cuenca), Spain
E-mail: sales@magaengineering.com


2. PURPOSE

Through the website, we offer users the possibility to access information about our services.


3. PRIVACY AND DATA PROCESSING

Whenever it is necessary to provide personal data to access certain content or services, users will guarantee its truthfulness, accuracy, authenticity and validity. The company will put those data through the corresponding automated processes based on their nature or purpose and under the terms described in the Privacy policy section.


4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and accepts that all content displayed on the website, especially designs, texts, images, logos, icons, buttons, software, trademarks, brands or any other signs susceptible to industrial and/or commercial use, are subject to intellectual property rights. All brands, trademarks or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other element inserted on the website, are owned solely by the company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the user agrees not to reproduce, copy, distribute, make available, publicly communicate, transform or modify such content in any other way, holding the company harmless from any claim arising from non-compliance with such obligations. In no case does access to the website imply any kind of waiver, transmission, license or total or partial assignment of those rights, unless expressly stipulated otherwise. These general terms of use of the website do not grant users any other right to make use, alter, reproduce, distribute or publicly communicate the website and/or its contents apart from the rights expressly granted hereby. Any other use of any rights will be subject to prior and express authorization specifically granted for that purpose by the company or third party owner of the corresponding rights.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this website, as well as the website itself as a whole multimedia artistic work, are protected with copyright by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the website or, in any case, it has the corresponding authorisation for the use of those elements. The website content may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or by any means, unless the aforementioned entity grants prior written authorisation.

Likewise, it is prohibited to delete, evade and/or manipulate the copyright, as well as the technical protection devices or any information mechanisms that might be associated with the content. The user of this website commits to respect the rights hereby stated and to avoid any action that could harm them. In all cases, the company has the right to exercise any legal means or actions it may be entitled to in defence of its legitimate intellectual and industrial property rights.


5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The user agrees to:

  1. Make appropriate and lawful use of the website, as well as its content and services, in accordance with: (1) the legislation applicable at any time; (2) the general terms of use of the website; (3) generally accepted morals and good customs and (4) public order.
  2. Ensure availability of all the means and technical requirements necessary to access the web.
  3. Provide truthful information when filling the forms contained on the website with personal data and always maitain that information so that it responds, at all times, to the user’s real circumstances. The user will be responsible for any false or inaccurate statements and for any damage that may be caused to the company or third parties due to the information provided.

Notwithstanding the terms established in the previous section, the user must also refrain from:

  1. Make unauthorised or fraudulent use of the website and/or its content for illicit purposes or effects.
  2. Access or attempt to access restricted resources or areas of the website without meeting the conditions required for such access.
  3. Damage the physical or logical systems of the website, its suppliers or third parties.
  4. Insert or spread on the network any computer viruses or other physical or logical systems that are likely to cause damage to the physical or logical systems owned by the company, suppliers or third parties.
  5. Attempt to access, utilise and/or manipulate data corresponding to the company, suppliers, third parties or other users.
  6. Reproduce or copy, distribute, transform, modify or make the content available to public access through any form of public communication, unless authorised by the owner of the corresponding rights or legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data related to the rights of the company or third parties included in the content, as well as the technical protection devices or any information mechanisms that may be inserted in the content.
  8. Obtain or attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the content may be found, or those commonly used on the Internet because they do not entail any risk of damage or disablement of the website and/or the content.
  9. In particular, but not limited to, the user commits not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
  • Is contrary, belittles or attacks in any way the fundamental rights and public liberties constitutionally recognised in international treaties and in any other current legislation.
  • Induces, incites or promotes actions that are criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.
  • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
  • Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.
  • Induces or may induce an unacceptable state of anxiety or fear.
  • Induces or incites involvement in practices that are dangerous, risky or harmful to health and mental balance.
  • It is protected by legislation on intellectual or industrial protection as belonging to the company or third parties without the intended use having been authorised.
  • Is contrary to honour, personal and family intimacy or any person’s own image.
  • Constitutes any kind of advertising.
  • Includes any type of virus or program that prevents the normal functioning of the website.

If a password is provided to access some of the services and/or content of the website, the user agrees to use it diligently and keep it secret at all times. Consequently, the user will be responsible for its adequate custody and confidentiality, and commits not to transfer it to third parties temporarily or permanently and not to allow access to the aforementioned services and/or content by anybody else. Likewise, the user commits to notify the company about any event that may involve improper use of the user’s password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the user does not provide the above notification, the company will be exempt from any liability that may arise from the improper use of the user’s password, and the user will be responsible for any illicit use of the content and/or services of the website by any illegitimate third party.


6. LIABILITIES

The Owner cannot guarantee continued access or correct viewing, downloading or utility of the elements and information contained on the website that may be prevented, hindered or interrupted by factors or circumstances that are beyond the control of the company responsible for the website. The company will not assume any responsibility for any decisions that may be made as a result of access to the content or information offered on the website.

The service may be interrupted, or the relationship with the user may be immediately terminated, if it is detected that the use of the website, or of any of the services offered therein, is contrary to these General Terms of Use. We are not responsible for any damages, losses, claims or expenses arising from the use of the website.

The company will only be responsible for removing as soon as possible the content that may cause such damage, provided that it is notified. In particular, we will not be responsible for any damages that may arise from the following or similar circumstances:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads or errors in telecommunications lines and networks, or by any other cause beyond the control of the company.
  2. Illegitimate intrusions through the use of malicious programs of any type and by any means of communication, such as computer viruses.
  3. Improper or inappropriate abuse of the website.
  4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated browser versions.

The company is excluded from any liability for damages of any kind that may be due to the misuse of the services freely available to users of the web space. Likewise, the company is exonerated from any responsibility for any content and information that may be received as a result of the data collection forms, which are aimed solely at the provision of consultation services. On the other hand, in the event of causing damages due to illicit or incorrect use of those services, the user may be claimed for the damages or losses caused.


7. HYPERLINKS

The user commits not to reproduce in any way, including hyperlinks, the website or any of its contents, unless written and express authorisation by the person responsible for the file.

The website may include links to other web spaces managed by third parties in order to facilitate access to information from collaborators and/or sponsors. However, the company is not responsible for the content of those websites, nor can guarantee or provide any of the services and/or information that may be offered through third-party links.

The company cannot control the information, content, products or services provided by other websites that have established links to its website.


8. DATA PROTECTION

In order to use some of the services, the user must provide certain personal data. The company will process those data in an automated manner and apply the corresponding security measures in compliance with the RGPD, the LOPDGDD and the LSSI in force in Spain.

The user can access the policy for processing of personal data and establishment of previously defined purposes in the terms described in the Privacy policy.


9. COOKIES

The company has the right to use cookie technology on the website in order to recognise the user as a frequent user and personalise their use by preselecting their language and/or desired or specific content.

Cookies collect the user’s IP address, being the owner of the browser used responsible for processing this information.

Cookies are files that are sent to a browser through a web server to record the user’s navigation on the website when the user allows their reception. The user can adjust their browser to show on screen a warning of the potential reception of cookies and to prevent the installation of such cookies on their hard drive. Please see your browser’s instructions and manuals for more information.


10. STATEMENTS AND WARRANTIES

In general, the content and services offered on the website are purely informative. Consequently, by offering them, no statements or guarantees are expressed in relation to the content and services offered on the website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent where such statements and warranties cannot be excluded by law.


11. FORCE MAJEURE

The company will not be responsible in the event of inability to provide services if this is due to prolonged interruptions in the electricity supply, telecommunications lines failure, social conflicts, strikes, rebellion, explosions, floods, governmental actions or inactions and, in general, any assumption of force majeure or fortuitous event.


12. DISPUTE RESOLUTION: APPLICABLE LAW AND JURISDICTION

These General Terms of Use, as well as the use of the website, will be governed by Spanish law. For the resolution of any dispute, the parties will abide by the courts and tribunals at the registered office of the website owner.

In the event that any provision of these General Terms of Use is unenforceable or void under the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not make these General Terms of Use unenforceable or void as a whole. In those cases, the company will proceed to modify or replace such provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.