1. The Global Power Generation Web Portal
1.1. Via the Global Power Generation Web Portal (hereinafter, “the Portal”) of the company GLOBAL POWER GENERATION, S.A. (hereafter, “the COMPANY”), accessible via the URL www.globalpower-generation.com, visitors and users (hereinafter, the “Users”) can gain access to a wide range of services and content related to electricity generation based on any technology, such as: engineering studies and projects; contracting, construction and operation of works and services or supplies; the provision of all kinds of information services, quality control, technical assistance, investment analysis and advice in general on issues relating to the development of power generation businesses and equipment, facility, industrial plant and electricity production centre operation and maintenance activities. (hereinafter, “the Services”).
1.2 The details of the company responsible for the Portal are as follows:
GLOBAL POWER GENERATION, S.A.
Avda. San Luis, 77
Recorded in the Companies Register of Madrid, volume 31826, sheet 75, section 8, page M-503809, entry 2.
2. Conditions of Access and Use of Portal
Access to the Portal implies prior reading and acceptance by Users of these General Conditions of Access and Use (hereafter, “the General Conditions”). The act of accessing and making use of the Portal shall be understood as the expression of full and unconditional acceptance by the User of the content of each and every one of these General Conditions as they appear on the Portal at the time of access. Where the User is not in agreement with the content of these General Conditions, he or she must refrain from accessing the Portal or operating through it. The Portal reserves the right to modify these General Conditions by announcing the changes on the Portal itself, in such a way that Users are kept duly informed at all times.
The contracting and/or use of certain Services available on the Portal may require User identification and his or her acceptance of specific conditions that may expand upon, supplement and/or even modify these General Conditions (hereafter, “the Specific Conditions”). Users must also carefully read the content of the corresponding Specific Conditions, or any other legal notice appearing on the Portal.
As a User, you hereby declare yourself to be of legal age and/or in possession of sufficient legal capacity to be bound by these General Conditions (and, where applicable, by the Specific Conditions regulating the use of a given Service) and to use and, where applicable, contract the Services offered via the Portal. The User hereby expresses his or her full and unconditional acceptance that all access and use of the Portal, its Services and its contents is made under his or her sole responsibility.
Where there is any contradiction between the General Conditions of Access and Use of the Portal and any Specific Conditions, the latter will apply, except where the General Conditions are more favourable to the User than said Specific Conditions.
3. Content of the Portal
3.1 Upon visiting the Portal, the User acknowledges, understands and accepts that the information provided on said Portal regarding products and services or any other information contained therein is displayed solely for informational purposes, and should be regarded as preliminary information made available to the User which may at any given moment contain errors, inaccuracies or be out-of-date.
3.2 The COMPANY reserves the right, at any time and without prior notice, to unilaterally modify or implement changes to the configuration of the Portal at its discretion, as well as to the content and range of Services provided over it and the corresponding conditions of access. Similarly, the COMPANY reserves the right to add new Services and content to the Portal, as well as to temporarily or permanently delete, restrict, suspend or prevent access to the Services provided over the Portal under any of the circumstances outlined in these General Conditions.
3.3 The COMPANY hereby informs the User that he or she will, via the Portal, have access to products and services provided by companies belonging to the Gas Natural Fenosa Group, and to products and services provided by third parties, subject to availability. For these, Users shall be bound by all applicable terms and conditions issued by the respective parties. The COMPANY shall not be held responsible or liable for any of the products and services offered by the aforementioned parties.
4. Specific Conditions of Portal Services
The Services are, as a general rule, provided to Users free-of-charge. However, payment may be required for certain Services, a fact that will be clearly stated in the General or Specific Conditions of the service in question.
5. Identification as Portal User
5.1 The contracting and use of certain Services provided by the COMPANY will require User identification via the identification form that appears on screen upon selecting a Service of this type. Similarly, for the contracting and use of the specific services provided via the Portal by other companies, Users will need to meet the requirements set by the supplier in question, which will be made available to the User either on the Portal itself or on the website of the corresponding supplier. In either case, the User will be held solely responsible for the accuracy of the information entered into the identification form.
The User will then be asked to select the Username and Password needed to be able to access the Portal, which will be used to identify him or her as a registered user of the COMPANY under all circumstances (hereafter, “Registered User”).
The Username and Password selected by the Registered User are personal and non-transferable. It is the obligation of the Registered User to notify the COMPANY of any changes to his or her personal data.
5.2 The User shall keep his Username and Password safe and secure, avoiding writing it down and, in general, taking all precautions necessary to prevent it from being disclosed to third parties. It shall be the responsibility of the Registered User to take due care to prevent third parties from accessing and/or using any Services contracted in his or her name and/or from using his or her account details. Similarly, the Registered User will be solely responsible for the selection, loss, theft or non-authorised use of any account details, and for any consequences incurred as a result. The Registered User is to notify the COMPANY as soon as possible as to the loss, theft or non-authorised use of their Username or Password. Notification is also required where the User suspects that any of the above has occurred. The Portal will then remove the Registered User from its databases, without disallowing said user from restarting the registration procedure on the Portal.
In either case, the Registered User shall be responsible for making proper use of the Services contracted and keeping his or her Username and Password secure, duly avoiding their unlawful and improper use beyond that established in these General Conditions and, where applicable, in the General or Specific Conditions of each Service.
5.3 The Registered User may unsubscribe as Portal User at any time and with immediate and no retrospective effect using the online Customer Service form found in the right-hand menu of the Virtual Office or at the top of the page, where they will be required to enter their user details.
5.4 Registration for the Portal by the User will imply the express and unconditional acceptance by said User of the COMPANY’s privacy and data protection policy as outlined in Section 6 below and in the legal notice found at the bottom of the Portal’s registration form.
6. Personal Information
In compliance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (Spanish abbr.: LOPD), and of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Spanish abbr.: LSSI), Users of the Portal are informed of the following:
I. Treatment of data by GAS NATURAL INFORMÁTICA, S.A.
1 The personal data provided by the User when completing the registration forms found on the pages of the http://www.globalpower-generation.comwebsite (the “Portal”), or which may be provided at a future date, will be compiled in an automated database managed by Gas Natural Informática, S.A. – a member of the Gas Natural Fenosa Group – (hereafter, “GAS NATURAL INFORMÁTICA”), with registered address at Avda. San Luis 77, 28033 Madrid. Users may exercise their rights of access, rectification, cancellation and opposition regarding the treatment of their data under the terms established in current legislation by submitting a request to GAS NATURAL INFORMÁTICA, S.A. Customer Service Department, with registered address at Plaça del Gas nº 1, 08003, Barcelona. “Data Protection” must be quoted as the subject.
2 Users are also hereby informed that the purpose of the automated treatment of their data is (i) to ensure the fruitfulness of any relationship he/she might embark upon with the COMPANY, or any other company within the Group, for which his/her data must be transferred in accordance with the provisions of point 6 of this section, and (ii) to be able to send them information via any means regarding the products and services of the Gas Natural Fenosa Group or any that are incorporated over time into the Portal.
3 The omission on the part of the User to complete all of the fields indicated as obligatory in the registration forms found on the Portal may result in their not being fully registered as a User. This will mean that, while he or she will be able to continue to browse the Portal, they will not be able to access the products and services being offered on it.
4 The User shall immediately notify GAS NATURAL INFORMÁTICA of any changes to their personal data in order to ensure that the information contained in GAS NATURAL INFORMÁTICA’s databases is kept up-to-date at all times and does not include any inaccuracies.
6 By accepting the legal notice associated with the registration form, the User gives consent for their data to be passed on to GAS NATURAL SDG, S.A. and the companies within the GAS NATURAL FENOSA Group that provide the Services. The data provided by the User will be passed on to these companies for the purposes of managing any contractual relationship established between the User and a company within the Gas Natural Fenosa Group upon requesting or contracting a Service, sending out promotional material and notifications of products and offers from the Gas Natural Fenosa Group or carrying out research related to the energy sector. Said data of a personal nature, as well as those that may be provided in the future, will be compiled in an automated database managed by the company with which the User has signed a contract, with GAS NATURAL INFORMÁTICA acting as data controller in accordance with Article 12 of the Spanish Personal Data Protection Act.
7 Should the User prefer that their data not be passed on to companies within the GAS NATURAL FENOSA Group for its treatment for advertising or market research purposes, he or she may notify this preference to the address indicated in paragraph 1 above. Acceptance from the User for their data to be treated or disclosed in the manner established above may be revoked at any time, without retroactive effect, in accordance with Articles 6 and 11 of the Spanish Personal Data Protection Act and Article 22.2 of the Spanish Information Society Services Act. Pursuant to the provisions of current legislation, users may exercise their rights of access, rectification, cancellation and opposition by submitting a request to the company with which they have signed a contract at the address indicated by said company when signing the contract.
8 GAS NATURAL INFORMÁTICA undertakes to treat the data of a personal nature provided by Users in an absolutely confidential manner, making use thereof solely for the purposes indicated in paragraph 2 above of this section. GAS NATURAL INFORMÁTICA hereby informs the User that it has implemented the technical and organisational security measures required to ensure that personal data remains secure and to prevent any alteration, loss, unauthorised processing and/or access, taking account of the state of the art in technology, the nature of the data stored and the risks to which such data are exposed, whether these risks derive from human actions or from the physical or natural environment. All of the foregoing is in compliance with the provisions of Article 9 of the LOPD (the Spanish Personal Data Protection Act) and Spanish Royal Decree 1720/2007 of 21 December approving the implementing Regulation of the LOPD.
7. Declarations and Guarantees of General Nature
7.1 The COMPANY declares and guarantees that the Portal incorporates all the technology (software and hardware) required, as on today’s date, to allow for its access and use. However, the COMPANY may not be held responsible for the possible existence of any viruses or other harmful files, introduced by any means or by third parties, that may infect the User’s computer system or lead to damages of any kind to the User’s computer system. The User fully accepts all of the foregoing and undertakes, for its part, to act with maximum caution and prudence when accessing and using the Services offered via the Portal. Above all, though not exclusively, the User shall observe the security recommendations made on the Portal.
7.2 The User accepts that the Portal has been created and developed in good faith by the COMPANY using information taken from internal and external sources and is presented to Users in its current state, despite it potentially containing errors, inaccuracies, relevant omissions or typos. Consequently the COMPANY does not under any circumstances guarantee the veracity, precision or completeness of the contents of the Portal, nor that they are up-to-date. The User thereby exonerates the COMPANY from all liability regarding the reliability or usefulness of the Portal or any false expectations generated by it during browsing.
7.3 The User guarantees that any of the activities undertaken by him or her over the Portal shall comply with the law, ethics, generally accepted codes of conduct and public order and shall under no circumstances be an affront to the good name and business image of the COMPANY, the GAS NATURAL FENOSA Group, other Users of the Portal or third party service providers. In particular, the User undertakes to make correct and diligent use of the Services and shall refrain from using them for unlawful purposes, or purposes prohibited by these General Conditions, that are detrimental to the rights and interests of third parties or might in any way damage, render useless, overload or undermine said Services, third party computer systems or the documents, files and other content stored therein, or prevent the normal use and enjoyment of the Services by third parties.
7.4 Above all, though by no means limited to these considerations, the User shall not use the Services with the intention of (i) assuming the identity of a third party; (ii) violating fundamental rights and public freedoms as recognised in national legislation or international agreements and treaties and, above all, infringing upon the honour, personal privacy, image or ownership of goods and rights of third parties; (iii) inciting or promoting criminal, derogatory, defamatory or offensive actions, or other acts not compliant with the law, ethics, generally accepted codes of conduct or public order; (iv) inciting or promoting actions or ideas which discriminate by race, sex, ideology, religion or belief; (v) incorporating, making available or allowing access to criminal, violent, pornographic or offensive products, elements, messages and/or services, or any of the foregoing that are otherwise in breach of the law, ethics or public order; (vi) violating the industrial or intellectual property rights of third parties; (vii) violating the secrecy of communications act, advertising regulations and/or unfair competition guidelines; (viii) wilfully sending email, programs or data (including viruses and harmful software) over the Portal which may cause damage of any kind to the COMPANY’s computer systems, or those of other Users or third parties, including attempts to falsify the origin of the email or other material stored in a file sent via the Portal. (ix) using the information contained on the Portal for the purposes of direct marketing or any other and (x) sending unsolicited bulk messages to a larger or smaller group of individuals regardless of its purpose.
8. General Limitation of Liability
8.1 To the fullest extent permissible by applicable legislation, the COMPANY makes no declarations or guarantees of any kind, whether express or implied, in relation to the workings of the Portal or to the information, content, software, materials or products included on it. Similarly, the COMPANY is exempt from providing any kind of express or implied guarantee, including the implied guarantees of fitness for a particular purpose. The COMPANY will not be liable for damages of any kind, whether direct or indirect, that may derive from the use of this Portal.
8.2 The COMPANY is not liable for any direct or indirect damages that might be derived from the interruption of the Service by the Portal, nor for its continuity. Similarly, the COMPANY shall not be held liable for any security errors or faults that might be incurred through the use, by the User, of an insecure or non-updated browser, nor for the activation of password retention features on the browser or any damages, errors or inaccuracies deriving from its malfunctioning.
8.3 The COMPANY excludes all liability for the legality, content and quality of the products and services offered and/or marketed by third parties over the Portal.
8.4 The COMPANY makes no guarantees, whether express or implied, regarding the information sent, distributed, published or stored on the Portal, nor for the use made of it by Users, employees or third parties. Similarly, the COMPANY shall not be held accountable for the invalidity of any User nor the impersonation by the User of a third party.
8.5 In the event of any liability attributable to the COMPANY, this latter shall only be held liable for those damages caused directly or effectively by it, excluding any kind of compensation for lost profits.
8.6 The User shall be held liable for all damages incurred by the COMPANY as a direct or indirect consequence of the breach by said User of the General Conditions.
9. Hyperlinks to the Portal
9.1 Users or owners of other websites who wish to establish hyperlinks (hereafter, “link”) to the Portal must ensure and undertake to follow the rules of the COMPANY regarding internet links. Said rules consist of (i) not establishing links to pages or subpages other than the Portal’s home page; (ii) not establishing links that allow the full or partial reproduction of the pages of the Portal’s home page; (iii) not posting false, inaccurate, incorrect statements in the vicinity of the links in question which might lead to errors or confusion, or which, more generally, are in breach of the law, ethics or codes of conduct; (iv) not including any trademark or protected sign other than the URL address of the Portal, and (v) not establishing links to pages containing contents, statements or propaganda of a racist, xenophobic or pornographic nature, or which sympathises with terrorism or attempted threats against human rights, and/or which might in some way harm the good name or image of the COMPANY or its customers. In any event, the inclusion of links to the Portal on other websites does not signify that the COMPANY is in any way linked or associated with the owner of the website on which the link is posted, nor that the COMPANY promotes, guarantees or recommends the contents of said portals or websites.
9.2 For its part, the Portal may contain links to other portals or websites not managed by the COMPANY. The COMPANY rejects all liability for the information contained on said portals or websites accessible via links or search functions found on the pages of the COMPANY’s website. The presence of links on the COMPANY’s website is purely for informational purposes. Therefore, the COMPANY is not liable nor makes any express or implied guarantee in relation to: (i) the marketability, fitness, quality, quantity, characteristics, origin, marketing or any other aspect of the products or services being offered and promoted over the Portal; (ii) the direct, indirect or other damages that might be incurred by the products or services being offered, promoted, acquired, sold or provided over the Portal; (iii) the prices set or agreed by Users with provider bodies; (iv) the transactions or operations carried out between them; (v) their good outcome; (vi) the terms and conditions agreed between them in their business dealings and conditions of use, nor for their modification, compliance and execution, billing, payment methods and channels, and resolution; (vii) ensuring delivery of products or provision of services; (viii) the information exchanged between them; (ix) the content and use of the personal data that said bodies require from the User to secure and implement operations; (x) the content and use of the personal data sent by the COMPANY to said bodies for the sole purpose of establishing the business relationship initiated or created, in accordance with that outlined in the Legal Notice found at the bottom of the User registration form; (xi) the advertising Users might use, nor the use made by Users of the distinctive signs of a third party or the COMPANY itself.
9.3 All of the contents of the Portal (including, though not limited to, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text, audio and video files and software) are the property of the COMPANY or its content providers, where said content has been subject to licence or transfer by said providers and are protected by national or international rules on industrial and intellectual property. The compilation (understood as the compilation, design, organisation and editing) of all of the content of the Portal is the exclusive property of the COMPANY and is protected under national and international rules on industrial and intellectual property.
9.4 All of the software used in screen design, navigation and use and development of the Portal is the property of the COMPANY or its software providers and is protected under national and international laws on industrial and intellectual property.
9.5 Any trademarks, emblems, distinctive signs and logos of the COMPANY that appear on the Portal are the property of the COMPANY and are duly registered or under registration. The names of other products, Services and companies that appear within this document or on the Portal may constitute trademarks or other distinctive signs registered by their respective and lawful owners.
9.6 All texts, graphic images, videos or audio files are the property of the COMPANY or its content providers and may not be subject to subsequent modification, copy, alteration, transformation, reproduction, adaptation or translation by the User or third parties without express authorisation from the owners of said contents.
9.7 Making the databases, drawings, graphics, images and photographs, text, audio and video files and software owned by the COMPANY or its providers available for use by the User on the Portal does not, under any circumstances, imply the transfer of ownership or exploitation rights to the User beyond the right to make lawful use of it in accordance with the nature of the Portal.
9.8 It is expressly forbidden to use the contents of the Portal or the Services, or, in general, exercise any of the rights mentioned in the foregoing sections without the COMPANY’s authorisation, including their exploitation, reproduction, dissemination, transformation, distribution, transfer by any means, subsequent publication, exhibition, public communication or full or partial representation. Any of the above events shall constitute a breach of the COMPANY’s intellectual property rights and will be punishable under prevailing law.
10. Force Majeure
For the purposes of these General Conditions, force majeure shall be understood as, though not limited to, the following: (i) any non-culpable, unforeseeable event or event which, where foreseeable, is inevitable; (ii) errors in accessing the various web pages; (iii) errors in the electricity or telephone supply networks; (iv) damages caused by third parties or attacks on the Portal’s server (viruses) which affect the quality of the Services and which are not attributable to either the COMPANY or the User; (v) errors in the transfer, dissemination, storage or delivery to third parties of the databases and other contents of the Portal and (vi) problems or errors in the receipt, obtaining or access to the Portal or Services by said third parties.
11. Suspension of Access to the Portal and Services
11.1 The COMPANY will endeavour to provide continuous availability of the Portal. However, all testing, control and maintenance operations may be freely determined and implemented by the COMPANY at any time, whatever the procedures involved and means used to carry them out. The COMPANY will, where reasonably possible, endeavour to advise all Users of any forthcoming or current maintenance operations or other activity that may affect the Portal in the form of announcements posted on the Portal itself.
11.2 The COMPANY reserves all rights to modify the transmission capacities, monitoring or other means or technical Services used to access or use the Portal.
11.3 The COMPANY may temporarily or permanently suspend Services without this act entitling the User to any kind of compensation under any of the following circumstances: (i) where necessary to carry out maintenance activities, (ii) where necessary to preserve the integrity or security of the Services provided, and of the equipment, systems or networks of the COMPANY or third parties, where these affect or might affect the services of the COMPANY, (iii) where justified by operational issues of the COMPANY or third parties that might affect the provision of Services by the COMPANY; (iv) in the event of a force majeure, the COMPANY will endeavour to keep the User informed as to the suspension and its causes where at all possible.
12.1 Either party may consider these General Conditions to be terminated in the event of failure to fulfil any of the obligations set forth herein, provided that such a breach is not resolved within a period of thirty (30) days from the written notification of said breach, except in those cases where the breach cannot be rectified due to the severity of the same;
12.2 The Portal will also be able to terminate these General Conditions of Use without any warning to the User where: (i) it receives knowledge of the User making use of the Services to engage in illegal activity; (ii) the User breaches any of their fundamental obligations as stipulated in these General Conditions, especially in the event of improper use of their access details; and in the event of the violation or infringement of the Portal’s industrial and intellectual property rights. All of the foregoing stands without prejudice to any legal action that may be available in the defence of the interests of the breaching party.
13. Nullity and Ineffectiveness of the Clauses
In the event that any Clause of these General Conditions is declared wholly or partially null or ineffective, this nullity or ineffectiveness will apply only to said provision, or to the part of said provision that is declared null or ineffective. The rest of these General Conditions will remain in force and said provision, or affected part of said provision, will be understood as having been withdrawn, except where, as an essential component of these General Conditions, it affects them as a whole.
14. Law Applicable to the Contract and Jurisdiction
14.1 These General Conditions shall be interpreted and governed in accordance with Spanish legislation.
14.2 Any dispute deriving from the existence, access, use or content of these General Conditions shall be subject to the competent Courts and Tribunals of the city of Madrid.