LAW ON INFORMATION SOCIETY SERVICES (LSSI)

IMSHYDRO SL, the entity responsible for this website, hereinafter referred to as the RESPONSIBLE PARTY, provides users with this document, aiming to comply with the obligations established by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users about the terms of use.

Anyone accessing this website assumes the status of user, committing to observe and strictly comply with the provisions set forth herein, as well as with any other applicable legal regulation.

IMSHYDRO SL reserves the right to modify any type of information that may appear on the website, without any obligation to notify or inform users in advance, considering publication on the IMSHYDRO SL website as sufficient notice.

1. IDENTIFYING INFORMATION

• Corporate Name: IMSHYDRO SL
• Trade Name: IMSHYDRO
• Tax ID (CIF): B66319245
• Address: Carrer Can Mauri, 54, Sabadell, 08202, Barcelona, Spain
• Email: comercial@imshydro.com

2. PURPOSE
   Through the Website, we offer Users the possibility to access information about our services.
3. PRIVACY AND DATA PROCESSING
   When it is necessary to provide personal data to access certain content or services, Users must ensure the truthfulness, accuracy, authenticity, and validity of such data.
   The company will provide the appropriate treatment to these data, whether automated or manual, according to their nature or purpose, in accordance with what is stated in the Privacy Policy.

 

 

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and agrees that all content displayed on the Website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, distinctive signs, or any other elements included on the page are the exclusive property of the company and/or third parties, who hold the exclusive right to use them in economic transactions.

For all these reasons, the User undertakes not to reproduce, copy, distribute, make available, communicate publicly, transform, or modify these contents in any way, keeping the company indemnifying and holding the company harmless from any claim arising from non-compliance with these obligations.

Under no circumstances does access to the Website imply any type of waiver, transfer, license, or total or partial assignment of the aforementioned rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its contents, other than those expressly provided herein.

Any other use or exploitation of any right will be subject to prior and express authorization specifically granted for this purpose by the company or the third-party holder of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this Website, as well as the Website as a whole, considered as a multimedia artistic work, are protected by copyright under current intellectual property legislation.

IMSHYDRO SL owns the elements that make up the graphic design of the Website, including menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or, in any case, has the corresponding authorization for the use of these elements.

The content available on the Website may not be reproduced in whole or in part, transmitted, or stored in any information retrieval system, in any manner or by any means, without prior written authorization from the corresponding entity.

Likewise, it is prohibited to remove, bypass, and/or manipulate copyright or technical protection devices, or any information mechanism that may contain the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that may harm them, reserving, in any case, the company’s right to exercise all legal means or actions available in defense of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User undertakes to:

Make appropriate and lawful use of the Website as well as its contents and services, in accordance with:
(i) Applicable legislation at all times.
(ii) The General Terms of Use of the Website.
(iii) Generally accepted moral standards, good practices, and public order.
(iv) Provide all necessary technical means and resources to access the Website.
(v) Provide truthful information when filling in personal data in the forms available on the Website and keep it updated at all times so that it always reflects the User’s actual situation.

The User will be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties as a result of the information provided.

Notwithstanding the above, the User must also refrain from:

• Making unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited under these General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services, documents, files, and all types of contents.
• Accessing or attempting to access restricted resources or areas of the Website without complying with the conditions required for such access.
• Causing damage to the physical or logical systems of the Website, its providers, or third parties.
• Introducing or spreading computer viruses or any other physical or logical systems capable of causing damage to the physical or logical systems of the company, providers, or third parties.
• Attempting to access, use, and/or manipulate the data of the company, third-party providers, or other Users.
• Reproducing, copying, distributing, making publicly accessible by any means of public communication, transforming, or modifying contents, unless authorized by the rights holder or legally permitted.
• Removing, hiding, or manipulating intellectual or industrial property rights notices and other identification data of the company or third parties included in the contents, as well as technical protection devices or any information mechanism that may be included in the contents.
• Obtaining or attempting to obtain contents using means or procedures other than those expressly made available for this purpose, indicated on the web pages where the contents are located, or generally used on the Internet to avoid risk of damage or disruption of the Website and/or its contents.

In particular, and by way of example but not limitation, the User undertakes not to transmit, distribute, 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 type of material that:

• In any way is contrary to, disregards, or violates international treaties or other applicable legislation.
• Encourages, incites, or promotes criminal, denigrating, defamatory, violent, or generally illegal actions, immoral acts, or acts contrary to public order.
• Encourages, incites, or promotes discriminatory acts, attitudes, or thoughts based on sex, race, religion, age, or condition.
• Includes, makes available, or allows access to criminal, violent, offensive, harmful, degrading, or generally illegal, immoral, or socially unacceptable products, elements, messages, and/or services; or induces or may induce an unacceptable state of anxiety or fear.
• Encourages or incites participation in dangerous, risky, or harmful practices to health or psychological balance.
• Is protected under legislation regarding intellectual or industrial property, honour, personal and family privacy, or the image rights of individuals.
• Constitutes any form of advertising.
• Contains 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 contents of the Website, the User is obliged to use it diligently, keeping it secret at all times.

Consequently, the User will be responsible for the proper custody and confidentiality of the password and undertakes not to transfer it to third parties, either temporarily or permanently, nor to allow access to the aforementioned services and/or contents by unauthorized persons.

The User is also obliged to notify the company of any event that may imply improper use of the password, such as, by way of example, theft, loss, or unauthorized access, so that the password can be immediately canceled.

Consequently, until such notification is made, the company will be exempt from any liability that may arise from improper use of the password, and any unlawful use of the contents and/or services of the Website by an unauthorized third party will be the User’s responsibility.

If the User negligently or willfully breaches any of the obligations established in these General Terms of Use, they shall be liable for all damages that may result from such breach for the company.

6. RESPONSIBILITIES

Continuous access, proper display, download, or usability of the elements and information contained on the website is not guaranteed, as these may be prevented, hindered, or interrupted by factors or circumstances beyond the company’s control. The company is not responsible for decisions that may be made as a result of access to the contents or information provided.

Service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that use of the Website, or any of its services, is contrary to these General Terms of Use. The company is not responsible for any damage, harm, loss, claims, or expenses arising from the use of the Website.

The company shall only be responsible for removing, as soon as possible, any content that may cause such harm, provided it is notified. In particular, the company shall not be liable for damages arising, among others, from:

• 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 company’s control.
• Unauthorized intrusions through the use of malicious programs of any kind, via any communication medium, such as computer viruses or others.
• Improper or inappropriate use of the Website.
• Security or navigation errors caused by browser malfunctions or by using outdated browser versions. The Website administrator reserves the right to remove, in whole or in part, any content or information present on the Website.

The company excludes any liability for damages of any kind resulting from the misuse of freely available services by Website users. Likewise, it is exempt from any liability for content and information that may be received through data collection forms, which are solely for the provision of consultation services.

Furthermore, in the event of causing damage due to unlawful or incorrect use of the mentioned services, the User may be held liable for the resulting damages.

The User shall indemnify and hold the company harmless against any damage or loss arising from claims, actions, or demands by third parties as a result of their access or use of the Website.

Similarly, the User undertakes to indemnify the company for any damage or loss resulting from the use of robots, spiders, crawlers, or similar tools employed to request or extract data, or from any other action that imposes an unreasonable burden on the operation of the Website.

7. HYPERLINKS

The User undertakes not to reproduce the Website or any of its contents in any way, not even through a hyperlink, except with the express written authorization of the data controller.

The Website may include links to other websites managed by third parties to facilitate the User’s access to information from collaborating and/or sponsoring companies.

Accordingly, the company is not responsible for the content of such websites, nor is it in a position of guarantor or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website solely for private and non-commercial use.

Websites that include a link to our Website must:
(i) Not misrepresent their relationship with us or claim that this link has been authorized, nor include trademarks, trade names, logos, or other distinctive signs of our company;
(ii) Not include content that may be considered in poor taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order or unlawful;
(iii) Not link to any page of the Website other than the main page;
(iv) Link using the Website’s own address, without allowing the linking website to reproduce the Website as part of its own website, within any “frame,” or create a “browser” over any of the Website’s pages.

The company may request, at any time, that any link to the Website be removed, and the User must immediately comply with such request.

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

8. DATA PROTECTION

To use certain services, the User must provide certain personal data in advance. The company will process this data in an automated manner and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User may access the applicable policy on personal data processing, as well as the purposes established in advance, under the conditions defined in the Privacy Policy.

9. COOKIES

The company uses “cookies” technology on the Website to recognize the User as a frequent visitor and to personalize their experience by preselecting the language or the most relevant content. By continuing to browse this Website, the User consents to the use of cookies under the conditions described in this policy.

Cookies may collect information such as IP address, session data, or browsing preferences. When third-party services such as Google Analytics are used, that entity will be responsible for processing the corresponding information.

Cookies are files sent to the browser via a web server to record the User’s browsing activity on the Website, provided the User has authorized their reception. The User can configure their browser to be notified of the receipt of cookies or to prevent their installation on the hard drive.

Thanks to cookies, it is possible to recognize the browser used by the User to offer personalized content, adjust browsing or advertising preferences, and measure visits and traffic parameters to improve the user experience.

10. DISCLAIMERS AND WARRANTIES

In general, the content and services offered on the Website are provided for informational purposes only. Therefore, in offering them, no warranty or representation is made regarding the content and services provided on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in any case for the impossibility of providing services if caused by prolonged interruptions in electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts or omissions of the Government, or, in general, any cases of force majeure or fortuitous events.

12. DISPUTE RESOLUTION, APPLICABLE LAW, AND JURISDICTION

These Terms of Use, as well as the use of the Website, are governed by Spanish law. For the resolution of any dispute, the parties submit to the courts and tribunals of the registered office of the Website’s data controller.

If any provision of these Terms of Use is found to be unenforceable or null under applicable law or as a result of a judicial or administrative ruling, such unenforceability or nullity shall not affect the remaining provisions of these Terms of Use.

In such cases, the company shall modify or replace the provision with another that is valid and enforceable and, to the extent possible, preserves the spirit and purpose of the original provision.