Legal notice

General terms and conditions of access to and use of the Nedgia Website

1. The Nedgia website 

1.1 Via the Nedgia Website (“the Website”) of the company NEDGIA, S.A. (“the Company”), accessible from the URL www.nedgia.es, visitors and users thereof residing in Spain (the “Users”) will have access to a broad range of services and content relating to the installation, supply and consumption of energy and the environment (“the Services”).

1.2 The details of the company responsible for the Website are as follows:

NEDGIA, S.A.

Avenida de América, nº38, 28028, Madrid

Tax ID number A66560152

Madrid commercial register, volume 31798, folio 71, page number M-572226.

The User shall receive detailed information on the processing and use of their personal data in the form for enabling access to certain Services.

2. Terms and conditions of access to and use of the Website

2.1 Access to the Website implies prior reading and acceptance by Users of these General Terms and Conditions of Access and Use (“the General Conditions”). The act of accessing and making use of the Website 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 Website at the time of access. Where the User does not agree with the content of these General Conditions, he or she must refrain from accessing the Website or operating through it. The Website reserves the right to modify these General Conditions by announcing the changes on the Website itself, in such a way that Users are kept duly informed at all times.

2.2 The use of certain Services available on the Website may require User identification and his or her acceptance of specific conditions that may expand upon, supplement and/or even modify these General Conditions (“the Specific Conditions”). Users must also carefully read the content of the corresponding Specific Conditions, or any other legal notice appearing on the Website.

2.3 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 Website. The User hereby expresses his or her full and unconditional acceptance that all access and use of the Website, its Services and contents is made under his or her sole responsibility.

3. Website content

3.1 Upon visiting the Website, the User acknowledges, understands and accepts that the data and information provided on this Website 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 that 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 Website 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 Website, as well as to temporarily or permanently delete, restrict, suspend or prevent access to the Services provided on the Website under any of the circumstances outlined in these General Conditions.

4. Specific terms and conditions of the Website services 

The Services are, as a general rule, provided to Users free-of-charge.

5. Website user login 

5.1 The use of certain Services provided by the COMPANY shall require prior User identification on the Website via the corresponding identification form, in which the User shall be notified of the Specific Conditions, if appropriate.

The User will then be asked to select the Username and Password needed to be able to access the Website, which will be used to identify him or her as a registered user of the COMPANY under all circumstances ("Registered User").

6. Declarations and guarantees of a general nature 

6.1 The COMPANY declares and guarantees that the Website 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 Website. Above all, though not exclusively, the User shall observe the security recommendations made on the Website.

6.2 The User accepts that the Website 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 Website, nor that they are up-to-date. The User thereby exonerates the COMPANY from all liability regarding the reliability or usefulness of the Website or any false expectations generated by it during browsing.

6.3 The User guarantees that any of the activities undertaken by him or her over the Website 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 Naturgy Group, other Users of the Website or third party service providers. In particular, the User undertakes to use the Services in a correct and diligent manner 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 may in any way damage, render useless, overload or undermine these 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.

6.4 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 Website. (ix) using the information contained in the Website for direct sales purposes or for any other purpose, and (x) sending unsolicited messages to an undifferentiated group of people, irrespective of the purpose thereof.

7. General limitation of liability 

7.1 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 Website 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 Website.

7.2 The COMPANY is not liable for any direct or indirect damages that might be derived from the interruption of the Service by the Website, nor for its continuity. Similarly, the COMPANY shall not be held liable for any security errors or faults that might be incurred through the User’s use of a non-secure 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.

7.3 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 Website.

7.4 The COMPANY makes no guarantees, whether express or implied, regarding the information sent, distributed, published or stored on the Website, 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 for the impersonation by the User of a third party.

7.5 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.

7.6 The User shall be held liable for all damages incurred by the COMPANY as a direct or indirect consequence of the breach by the User of the General Conditions.

8. Links or hyperlinks to the Website

8.1 Users or owners of other websites who wish to establish hyperlinks (“link”) to the Website must ensure and undertake to follow the rules of the COMPANY regarding internet links. These rules consist of (i) not establishing links to pages or subpages other than the Website’s home page; (ii) not establishing links that allow the full or partial reproduction of the pages of the Website’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 Website; 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 Website on other websites does not mean 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 these portals or websites.

8.2 For its part, the Website may contain links to other portals or websites not managed by the COMPANY. The COMPANY rejects all liability for the information contained on these 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 for, nor does it make 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 Website; (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 Website; (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 these bodies require from the User to secure and implement operations; (x) the content and use of the personal data sent by the COMPANY to these 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. Intellectual and industrial property rights

9.1 All of the contents of the Website (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 this content has been subject to licence or transfer by these 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 Website is the exclusive property of the COMPANY and is protected under national and international rules on industrial and intellectual property.

9.2 All of the software used in screen design, navigation and the use and development of the Website is the property of the COMPANY or its software providers and is protected under national and international laws on industrial and intellectual property.

9.3 Any trademarks, emblems, distinctive signs and logos of the COMPANY that appear on the Website are the property of the COMPANY and are duly registered or under registration. The names of other products, Services or companies that appear within this document or on the Website may constitute trademarks or other distinctive signs registered by their respective and lawful owners.

9.4 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 these contents.

9.5 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 Website 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 Website.

9.6 It is expressly forbidden to use the contents of the Website 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

10.1 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 an 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 Website’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 Website; and (vi) problems or errors in the receipt, obtaining or access to the Website or Services by these third parties.

11. Suspension of access to Website or Services

11.1 The COMPANY will endeavour to ensure that the Website is continuously available. 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 Website in the form of announcements posted on the Website 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 Website.

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 force majeure, the COMPANY will endeavour to keep the User informed as to the suspension and its causes where at all possible.

12. Termination

12.1 Any of the parties may terminate these General Conditions in the event of: (i) failure to comply with any of the obligations established in these General Conditions, provided that this non-compliance is not remedied within a period of thirty (30) days from the date of written notification thereof, unless this situation cannot be remedied due to the severity thereof.

12.2 The Website 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, and especially in the event of improper use of their access details; and in the event of a breach or violation of the intellectual and industrial property rights over the Website, all the above without prejudice to the exercise of all those legal actions that may be pertinent in the defence of its interests.

13. Nullity and ineffectiveness of the clauses

13.1 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 this provision, or to the part of this provision that is declared null or ineffective. The rest of these General Conditions will remain in force and this provision, or affected part of this 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 territorial court corresponding to the address of the User in Spain.