General Terms and Conditions
- Identification
In compliance with the duty of information contained in Article 10 of the Spanish Law named “Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico” the following data are reflected below: The owner company of this website is IDIADA AUTOMOTIVE TECHNOLOGY, S.A. with address at C/Albornar S/N, Santa Oliva, Tarragona, 43710, Spain, with C.I.F number: A43581610, registered in the Commercial Register of Tarragona in volume 1.506, folio 1, section 8, sheet T-18.969, inscription 1 (hereinafter, "IDIADA").
HEADQUARTERS
Applus+ IDIADA, España, Sede Corporativa en Tarragona
PO Box 20 Santa Oliva,43710, L'Albornar, Tarragona España
Tel.: +34 977 166 000 Fax.: +34 977 166 007
Email.: idiada@idiada.com
2. Object
2.1 The webpage https://extranet.idiada.com, (hereinafter the "Website") is property of IDIADA Automotive Technology, S.A. (hereinafter "IDIADA").
2.2 Since you are using this Website on behalf of an organisation, you are agreeing to these General Terms and Conditions on behalf of that organisation and promising that you have the authority to bind the organisation to these General Terms and Conditions (hereinafter you and your organisation will be referred together as "You").
2.3 This Website is used with the purpose of allowing to share, store, download and organize documents, as well as to accept and confirm the services to be provided to IDIADA or to be received from IDIADA.
2.4. The "to request by appointment" section of the Website is used for (a) the performance/management of all types of services by/with IDIADA and for the purpose of accessing any of IDIADA's facilities and if applicable, for the management and sending of appointment confirmation/reminder notices by email and/or SMS, MMS or instant messaging services (e.g. WhatsApp), telephone contact or other equivalent electronic means, information and indications for access (b) the Control and management of access to any of IDIADA's facilities, by any person internal or external to IDIADA on the occasion of any type of existing or potential business and/or professional relationship, which is controlled by a security service and it has restricted access areas; (c) To manage the access and reception, to request by appointment,, of all types of goods and transported goods, including specifically all types of vehicles, industrial and/or privates; (d) To cooperate with regulatory authorities and law enforcement agencies when necessary to comply with applicable legal obligations as set forth in Section 4 of this Privacy Policy; (e) To Manage the appropriate follow-up of suggestions, queries and/or complaints about IDIADA's appointment services under the performance of telephone calls, postal mail or sending messages by email, SMS, MMS or instant messaging services (e.g. WhatsApp) or other equivalent electronic means. For further information on the processing of the data entered in the "to request by appointment" form on the Website, please refer to our Privacy Policy.
2.5. Access to the Website is free of charge, except for the cost of connection through the telecommunications network by your Internet service provider. Certain services are exclusive to our clients, providers and employees and access to them is restricted. The services provided by IDIADA in general are priced according to the relevant proposal and will not, under any circumstances, be offered or rendered through the Website.2.6. Your use of the Website makes you a user of the Website (“User”) and implies your acceptance of all the conditions included in these General Terms and Conditions. The Website service is provided for a duration that is limited to the moment when User is connected to the Website or to any of the services provided through the Website. User must therefore read these General Terms and Conditions carefully each time User intends to use the Website, since the Website and the conditions for its use as set forth in these General Terms and Conditions may change.
2.7. Certain Website services accessible to Internet users or exclusive to IDIADA clients, providers or employees may be subject to particular conditions, regulations or instructions that, if appropriate, may supersede, supplement and/or amend these General Terms and Conditions and must be accepted by User before the provision of the relevant service begins.
3. Data Ownership
3.1 Unless agreed between You and IDIADA, the information uploaded to the Website will remain the property of the party uploading such information. Notwithstanding, the party sharing information hereby grants access to the other party to the documents uploaded to the Website.
4. Terms and restrictions of use
4.1 The Website allows to upload and download documents between You and IDIADA. However, the following restrictions on use of the Website shall apply:
a. The Website shall not be used for personal purposes. In this sense, the Website shall only be used for professional matters as it is intended to facilitate the relationship between You and IDIADA;
b. No access shall be provided to any third party that is not an employee of You or IDIADA;
c. No personal or confidential information belonging to any person or entity shall be uploaded without obtaining consent from such person or entity;
d. The documentation shall not contain viruses, spyware, malicious software or other threats;
e. You hereby agree to not sell and license for any commercial purpose the Website;
f. Use the Website for any unlawful or unauthorized purpose;
g. You may not damage, disable, overburden, impair or harm any server, network, computer system or resource of IDIADA; and
h. You may not violate any applicable local, state, national or international law or the content of these General Terms and Conditions.
i. Without prejudice to the provisions of Clause 7 of these General Tems and Conditions and of the privacy policies accessible from the Website and applicable from time to time, the use of certain services or requests made to IDIADA are subject to prior completion of the relevant User record or “to request by appointment”.
j. All information supplied by User on Website forms for the above or any other purposes must be true. For these purposes, User warrants the authenticity of all data communicated by User and will keep the information supplied to IDIADA perfectly updated so that it reflects User’s actual status at all times. In all cases, User will be solely liable for any false or inaccurate representations made by User and for any damage caused to IDIADA or to third parties by reason of the information supplied by User.
5. Intellectual Property Rights
5.1 "IDIADA" is a trademark registered in the Trademark Registration Office of the European Union under number 011989068 and 011988953, and the Website "www.idiada.com" is a domain name registered by IDIADA. Therefore, it is expressly forbidden any use of such trademark or domain by third parties, as well as copy, transmit, modify or delete the information, content or warnings of the Website.
5.2. All Website content, which is understood to include but not be limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as their graphic design and source codes (the 'Content), is the intellectual property of IDIADA or of third parties, and no Content exploitation rights recognized by the intellectual property legislation in force can be deemed to have been licensed to User except for such Content as is strictly necessary for the use of the Website.
5.3. The trademarks, trade names or distinctive signs are the property of IDIADA or third parties, and access to the Website cannot be deemed to attribute any right to such trademarks, trade names and/or distinctive signs.
6. Disclaimer of warranties and limitation of liability
6.1 IDIADA makes no warranty that the Website will be uninterrupted, timely or error free. In addition, IDIADA, to the maximum extent permitted by applicable law, will not be responsible for damages resulting from:
a. Your use of the Website;
b. Any deficiencies in the service provided by the server, or the communications networks, or problems arising from the malfunction or use of non-optimized versions of browsers;
c. Any damages caused by any computer virus and which may be derived from browsing its Website;
d. The contents and opinions of third parties uploaded to the Website, or the information contained in the websites of third parties that may be accessed by links or search engines on the Website;
e. The access by minors to the contents of the Website and the sending of personal data without prior authorization of their parents or guardians
f. Damages derived from the malfunctioning of internet access or network providers, grounds of Force Majeure or any other unexpected contingencies beyond IDIADA's control; and
g. Failures or incidences that could take place in the communications, erasure or incomplete transmissions so that it is not guaranteed that the services of the Website are constantly operative.
6.2 On the basis of the above, You hereby agree to hold IDIADA harmless from and against any losses, damages, fines and expenses arising out of or relating to any claims due to the use You made of the Website in violation of another party's rights, of any law or of any provisions of this General Terms and Conditions. In no event, IDIADA will assume direct or indirect, incidental, special, exemplary, punitive or consequential, including, but not limited to, lost profit and loss of data.
7. Data Protection
7.1 For further information on the processing of your personal data on the Website please consult the Privacy Policy.
8. Applicable law
8.1 Unless otherwise specified in these General Terms and Conditions, the relationship between You and IDIADA shall be governed by and construed exclusively under the laws of Spain. In the event of a dispute arises between You and IDIADA, such dispute shall be submitted for resolution to the courts of Barcelona, Spain.
9. Miscellaneous
9.1 Assignment
IDIADA shall be entitled to assign its contractual position to another company or entity of its group.
9.2 Severability
Should any of the provisions of these General Terms and Conditions be declared void, invalid or unenforceable, such declaration shall not affect the remaining provisions of these General Terms and Conditions.
9.3 Entire agreement
The present General Terms and Conditions, and substitutes and derogates all other previous agreements in relation to its object.
9.4 Amendments
IDIADA may change these General Terms and Conditions from time to time. All changes to these General Terms and Conditions will appear on the Website. Therefore, IDIADA encourages You to check these General Terms and Conditions regularly. In this sense, when You use the Website, You agree to be bound by any such modifications to these General Terms Conditions.
9.5 Correspondence between the parties
All communications directed to IDADA by You shall be made through the relevant link posted in the Website for this purpose, unless otherwise foreseen in these General Terms and Conditions or in the Website for particular procedures or circumstances.
9.6. Confidentiality.
Physical access to IDIADA's facilities is subject to confidentiality obligations, as the entry of electronic devices with cameras or video cameras (including cell phones, tablets and/or photographic machines) is not permitted unless prior express written authorization by IDIADA. In this regard, if you access IDIADA's facilities for any reason, the User must sign a confidentiality agreement.