Website Legal Notice

Welcome to the website of GTM S.G.P.S. S.A (https://www.gtmgrupo.com), hereinafter referred to as the SITE.

PLEASE READ THESE GENERAL CONDITIONS OF USE OF THE SITE CAREFULLY. BY USING THIS SITE YOU ARE EXPRESSING YOUR AGREEMENT TO THESE stipulations, Therefore, if you do not agree with them and/or do not accept them, we kindly ask you to leave the SITE.

The present General Conditions govern the use and access to the Internet service that GTM S.G.P.S. S.A., whose registered office is located at Ribera de Axpe 50, 48950 – Erandio, Vizcaya province (Spain), and which is provided with the Tax Identification Number A48025225, makes available to Users through the following email addresses: www.gtmgrupo.com

1.- Conditions of use and acceptance

2.- Features of the SITE

3.- Obligations of the USER

4.- Exclusion of warranties

5.- Liability and exemptions

6.- Intellectual and Industrial Property

7.- Notification procedure for infringements

8.- Personal data and Cookies

9.- Notifications

10.- Completeness

11.- Waiver

12.- Duration and Termination

13.- Applicable law, language, and Jurisdiction

1.- Conditions of use and acceptance

By using the site of GTM S.G.P.S. S.A, you acquire the status of USER. The use of the site and any of the services and information provided therein means your FULL and UNRESERVED ACCEPTANCE, as a user, of all the provisions and terms of use governing the provision of such content and Service.

GTM S.G.P.S. S.A informs you that certain contents, services, and/or products may be subject to SPECIFIC CONDITIONS, which, having been previously made known to you and, depending on the case, will replace and/or modify the general conditions herein. Access and use of such contents, products, and services imply YOUR ACCEPTANCE of the specific conditions existing at the time of your access, which are incorporated into the general conditions. In case of a contradiction between the terms and conditions expressed in the General Conditions and the Specific Conditions, the conditions agreed upon in the latter instrument will always prevail regarding those incompatible terms, and only concerning those contents, services, and/or products subject to such specific regulation. For example, if you use the e-business section, GTM S.G.P.S. S.A may provide you with specific guidelines.

GTM S.G.P.S. S.A may at any time and without prior notice, modify the conditions of use of its products, contents, and services and introduce new conditions. Please review the terms and conditions of use periodically.

GTM S.G.P.S. S.A provides its contents, products, and services as they are presented.

2.- Features of the SITE

GTM S.G.P.S. S.A provides you, as a USER, with access to a wide range of online resources through the SITE.

GTM S.G.P.S. S.A reserves the right to alter without prior notice and at any time the presentation and configuration of the SITE as well as the contents, products, and services. As a user, you acknowledge and accept that at any moment GTM S.G.P.S. S.A may suspend, deactivate and/or delete any of the services, products, and/or contents included in the SITE.

GTM S.G.P.S. S.A will endeavor to ensure the availability and accessibility of the SITE continuously. However, changes in direction, the establishment of new connections, and the updating of the SITE may cause interruptions for the time necessary to perform such tasks.

3.- Obligations of the USER

3.1. As a user, you are obliged to use the SITE diligently and correctly and you commit not to use the SITE for activities contrary to the law, morals, accepted good customs and/or for purposes or effects that are unlawful, prohibited or harmful to the rights and interests of third parties, with GTM S.G.P.S. S.A disclaiming any responsibility that may arise from this.

3.2. As a user, you acknowledge and accept that the use of the SITE should be for private and personal purposes, and it is expressly prohibited to use or incorporate, as your own business activity, the contents, services, and products of the SITE.

3.3. As a user, you must refrain from altering or manipulating the © mentions and other identifying data of intellectual and/or industrial property rights of GTM S.G.P.S. S.A or of the owners of products included in the SITE, as well as any technical protection devices that might exist.

3.4. In the event that GTM S.G.P.S. S.A has provided you with the possibility to create a personal access code (password) to enter restricted use areas, you will be the only person who can use it, and consequently, you will be responsible for all activities carried out under this code. To this end, you should select characters that are not easily identifiable and keep them secret. Allowing other unauthorized persons to use, or attempting to decipher someone else’s access code, is considered a serious violation of security rules.

4.- Exclusion of warranties

4.1. GTM S.G.P.S. S.A, under no circumstances, provides any warranty, either implicit or explicit, on the services, products, and/or contents of the SITE, nor on the SITE itself. Therefore, merely by way of illustration, GTM S.G.P.S. S.A does not guarantee:

(1) The availability and continuity at all times and from any place of the operation of the SITE, its contents, products, and/or services.

(2) The uninterrupted and constant access to the SITE and the products, services, and/or contents it incorporates.

(3) The levels of quality, interoperability, quantity, and functionality of the products, services, and/or contents incorporated into the SITE.

(4) The suitability for a particular and/or specific purpose of the services, products, and/or contents included in the SITE.

(5) The truthfulness, accuracy, completeness, legality, reliability, timeliness, and usefulness of the contents.

(6) The absence of viruses or other harmful elements in the contents or services provided through the SITE.

(7) The unauthorized access and/or alteration of data stored and transmitted through the SITE or the services it offers.

4.2. GTM S.G.P.S. S.A, unless expressly stated in the specific conditions, does not participate in the provision of the products, contents, and/or services supplied by third parties through or outside the SITE. Nor does it monitor or exert control over their legality, accuracy, truthfulness, suitability, quality, reliability, authenticity, and/or usefulness, therefore offering no type of warranty on them.

5.- Liability and Exemptions

5.1. As a user, you are aware and voluntarily accept that the use of the SITE, its services, contents, and products occurs, in any case, under your sole responsibility. Thus, except in cases where the law imperatively prohibits limiting liability, GTM S.G.P.S. S.A does not assume any liability regarding the access and use of the SITE or the products, contents, and/or services incorporated therein, and compensation for lost profits is always, and in any case, excluded.

5.2. Without limitation, the exemption from liability of GTM S.G.P.S. S.A includes any liabilities arising from:

(1) The absence of availability and continuity of the operation of the SITE, its contents, products, and/or services.

(2) The interruption, suspension, or cancellation of access to the SITE and the products, services, and/or contents it incorporates.

(3) The failure to meet levels of quality, interoperability, quantity, and functionality of the products, services, and/or contents incorporated in the SITE.

(4) The lack of suitability for a particular and/or specific purpose of the services, products, and/or contents included in the SITE.

(5) The lack of truthfulness, accuracy, completeness, legality, reliability, timeliness, and usefulness of the contents.

(6) The existence of viruses or other harmful elements in the contents or services provided through the SITE.

(7) Unauthorized access and/or alteration of data stored and transmitted through the SITE or the services it offers.

(8) The lack of legality, accuracy, truthfulness, suitability, quality, reliability, authenticity, and/or usefulness of the products, contents, and/or services supplied by third parties through or outside the SITE. In particular, and by way of example, for the damages caused by:

  1. The infringement of intellectual and industrial property rights, personal rights, and all other rights of third parties on the occasion of the transmission, distribution, making available, reception, access, or obtaining of contents, services, and/or products.
  2. Acts of unfair competition and/or unlawful advertising.
  3. The existence of flaws and defects in the products, services, and/or contents disseminated or made available through or on the occasion of access to the services, products, or contents of the SITE.
  4. The non-fulfillment or defective fulfillment of the obligations undertaken by third parties through or on the occasion of access to the services, products, or contents of the SITE.

5.3. As a user, you are aware and voluntarily accept that the third-party provider of products, services, and contents, external to GTM S.G.P.S. S.A or outside the SITE, is the sole and exclusive responsible for the damages that may arise from the provision of their products, contents, and services.

5.4. GTM S.G.P.S. S.A does not guarantee the technical availability, quality, accuracy, or truthfulness of the contents, products, and services available on third-party sites that, as a user, you may access through links from the SITE. GTM S.G.P.S. S.A does not offer or market them and exercises no control over them, assuming no responsibility for them.

 

6.- Intellectual and Industrial Property

6.1. As a user, you acknowledge and accept that the elements of the SITE and each of the contents, products, and/or services, as well as their structure, sequence, organization, presentation of the contents, databases, computer programs used in connection with them, are protected by intellectual and industrial property rights of GTM S.G.P.S. S.A or third parties.

Thus, unless authorized by GTM S.G.P.S. S.A or by third-party holders, or if legally permitted, as a user you must use the materials, elements, and information accessed through the use of the SITE and each of the Services solely for your own needs, without directly or indirectly commercially exploiting the Services or the materials, products, elements, and information obtained through them.

6.2. As a user, you must refrain from removing the signs identifying the rights (of industrial property, intellectual or any other type) of GTM S.G.P.S. S.A or of third parties displayed on the SITE.

6.3. If you wish to make a hyperlink/link to this SITE or wish to distribute the contents, documents, of this SITE to another or others, you must, in any case, request express authorization. To request such authorization, send an email to: dpo@gtmgrupo.com including your name, address, and telephone number, and, if applicable, indicating the WEBSITE from which you wish to make the link to the SITE of GTM S.G.P.S. S.A or making a description of what you want to copy, to whom to distribute, and by what means.

7.- Notification Procedure for Infringements

If you consider or observe that any of the contents of the SITE may infringe intellectual property rights or any other kind, please contact the service of GTM S.G.P.S. S.A at the email address dpo@gtmgrupo.com or at the registered office of GTM S.G.P.S. S.A providing the following information:

  1. The name, surname, national identity document, address, telephone number, and email address of the claimant, or, if applicable, of the person authorized to act on their behalf and representation.
  2. Identification of the alleged illegal activity and, in particular, when it concerns a supposed violation of industrial or intellectual property rights, precise and concrete description of the protected contents and their exact location.

III. An explicit declaration in the following terms: (a) that the information related to the infringement of rights is accurate and truthful and the declarant is the legitimate holder of the protected rights and (b) that the exploitation carried out is unlawful and infringes rights.

8.- Personal Data and Cookies

In accordance with the provisions of Organic Law 3/2018 of December 5, on the Protection of Personal Data and guarantee of digital rights, we inform you that GTM S.G.P.S. S.A is responsible for the processing of all personal data provided during the use of this SITE in accordance with the provisions of the Privacy Policy (https://gtmgrupo.com/en/privacy-policy/) which must be read, understood, and accepted for the use of this SITE.

Also, the SITE, in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, uses its own and third-party cookies to collect information that helps optimize access to the page for the proper functioning and viewing of the contents by the user. You may allow their use or reject it, also you can change your settings whenever you want. For more information, access our Cookie Policy (https://gtmgrupo.com/en/cookies-policy/).

9.- Notifications

Unless otherwise stipulated, any notification required according to these general conditions of use or in any way related to them, will be sent in writing and by mail to the registered office of GTM S.G.P.S. S.A indicated (dpd@gtmgrupo.com).

10.- Completeness

The clauses that make up these General Conditions of Use constitute the formal and definitive expression of the parties’ declaration of intent. Any documents or statements prior to the entry into force of these General Conditions of Use will be definitively repealed.

11.- Waiver

The waiver by GTM S.G.P.S. S.A to exercise the rights granted in case of breach of any clause of these General Conditions of Use should not be interpreted as a waiver to exercise them against any other breach of the same or another provision.

12.- Duration and Termination

12.1. The SITE and the services, contents, and products reported by the same have an indefinite duration. However, any legal relationship will be immediately terminated when GTM S.G.P.S. S.A publishes New General Conditions of Use. Access and use of the SITE will imply full acceptance of the new conditions and the start of a new legal relationship.

12.2. In any case, GTM S.G.P.S. S.A is authorized to terminate or suspend, at any time unilaterally and without more reason than its will in this sense, the provision of the service of the SITE and any of the contents, products, and services.

13.- Applicable Law, Language, and Jurisdiction

13.1. These General Conditions of Use are governed by current Spanish law (with explicit exclusion of conflict of laws rules). As a user, just like GTM S.G.P.S. S.A, you submit to the Courts and Tribunals of Bilbao, expressly waiving any other jurisdiction that may correspond, to resolve any controversy that may arise from the provision of services of the SITE, of the products, contents, and services subject to these General Conditions of Use. Also, the Spanish language version will be used in case of doubt, controversy, or interpretation of the terms of these legal conditions.

13.2. In the case that, as a user, you have your domicile outside of Spain, just like GTM S.G.P.S. S.A, you submit, with express waiver of any other jurisdiction that may correspond, to the Courts and Tribunals of Bilbao.